What States Allow Divorce While Pregnant? What Are the Caveats?

A pregnant woman facing emotional abuse or a lack of physical safety cannot divorce her abusive spouse in one state: Texas. Hinterhaus Productions / Getty Images

Divorce is a challenging process. For pregnant people, it can be even more complicated, which is why it's important to know what states allow divorce while pregnant.

Some states delay divorce proceedings until after the birth of the baby. While this can help clarify child custody and support, it can also make it harder for pregnant women, especially if they're facing emotional abuse, physical abuse or other markers of an unhealthy relationship.

36 States That Allow Divorce While Pregnant

While some states delay the divorce process until after the birth of a baby, many others permit it to proceed regardless of pregnancy. These states allow divorce while pregnant.

Alaska
Colorado
Connecticut
Florida
Georgia
Idaho
Illinois
Iowa
Kansas
Kentucky
Louisiana
Maryland
Massachusetts
Michigan
Minnesota
Montana
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin

In these states, pregnant people can complete their divorce proceedings without waiting for the child's birth. However, child-related orders such as child custody and child support may still require additional steps to establish the legal responsibilities of each party.

13 States Where You'll Likely Wait for Divorce While Pregnant

These states don't have a ban on divorcing while pregnant, but you may not reach a resolution until after the birth of the baby:.

Alabama
Arizona
Arkansas
California
Delaware
Hawaii
Indiana
Maine
Mississippi
Missouri
Nebraska
South Dakota
Wyoming

Some sources state that Arizona, Missouri, Arkansas and California ban divorces for pregnant couples. However, a USA Today fact check article found that while Arizona, Missouri and Arkansas don't prohibit divorce for pregnant people, they typically do not finalize the process during the pregnancy.

As for California, some claim that all divorces in the state require a six-month wait period. However, the California Courts website states:

"Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership. It's the same process to get a legal separation. But, there isn't a required 6-month waiting period."

The State That Bans Divorce While Pregnant

While there are several states where a pregnant person likely can't divorce their partner, there's one state that bans it: Texas. As the USA Today article states:

"Divorces cannot be finalized in Texas while a woman is pregnant, as noted in legal paperwork widely used in state divorce proceedings. The other states do not explicitly ban it, but their judges overwhelmingly — if not entirely — hold off on finalizing divorces until pregnancies are done for technical and procedural reasons, according to attorneys practicing family law there."

Issues Related to Divorce While Pregnant

Many legal concerns arise during a divorce when there's a pregnant person, such as child custody arrangement, establishing the child's paternity and financial support. Courts may hesitate to finalize child-related orders until after the baby is born to clearly assign legal responsibilities.

However, for pregnant people in abusive marriages or abusive relationships, these delays can be particularly harmful. The inability to finalize a divorce can force them to remain legally bound to an abusive spouse, making it harder to secure safety and support.

With the overturning of Roe v. Wade (a Supreme Court decision that allowed pregnant people to get abortions), the fact that several states don't finalize divorce proceedings during pregnancy can be especially challenging.

"We're seeing lots of people citing reproductive coercion, sexual coercion, reproductive abuse or pregnancy coercion as part of their experience," Marium Durrani, vice president of policy for the National Domestic Violence Hotline, tells NPR.

We created this article in conjunction with AI technology, then made sure it was fact-checked and edited by a HowStuffWorks editor.