Can You Get a Divorce While Pregnant in California? 8 Key Tips

Dina Haddad

Founder & Attorney Mediator

I’m Dina Haddad, a family law attorney-mediator in California. I’m so tired of couples not having a process that’s easy to complete their divorce. They are getting lost, wasting time and money, and beyond frustrated with their results.That’s why I created TheCompleteDivorce. I took my successful mediation practice and condensed it into an affordable and winning program.

Getting a Divorce in California isn’t easy, as you may be dealing with difficult emotional, financial, and legal issues that can overwhelm anyone.

However, going through a divorce while pregnant can make the process even more complex, raising questions about custody of the unborn child.

Fortunately, this article will explore this topic and answer some complex questions about divorce while pregnant in California.

Pregnant parents/mothers can use The Complete Divorce (TCD) online and DIY divorce options for a cheap divorce while pregnant. TCD is led by Dina Haddad, the divorce expert who has 21+ years of family law experience and expertise.

Understanding Pregnancy & Divorce in California

Divorces and pregnancies sometimes go hand-in-hand, as one 10-year study showed that 23% of mid-pregnancy marriages and 20% of preconception marriages ended in divorce.

However, for precise numbers of couples undergoing a divorce while pregnant, there is insufficient data.

This is because many couples choose to divorce after the child is born because the stress of divorce can take a heavy toll on the mother. At the same time, the physical and emotional weight of the pregnancy can exacerbate the current marital issues.

Nevertheless, a married couple in California is legally allowed to file for divorce during pregnancy.

However, they must conclude on some legal considerations, such as who the father is. If this is not addressed, the court will, by default, assume the husband is the father, which will then be used to decide custody and support.

But if the divorce stems from the female spouse committing adultery, then the court will require a paternity test in order to move on with the divorce proceedings.

*Note: The court will also consider the child’s best interest when deciding on custody and support, ensuring they live a healthy life.

Divorce That You May Face During Pregnancy

Divorce proceedings are naturally complex, but separating with a child on the way adds another layer of complications. You will face multiple challenges throughout the process, and these include:

Paternity disputes
Mandatory waiting period
Child support and custody

Let’s explain these further!

Paternity Disputes

This simply means concluding who is the father of the unborn baby, which is important for moving on with the divorce.

By default, the husband is considered the father of the baby, but if this claim is disputed, the court will require a paternity test.

Once the father has been clarified, the divorce proceedings can now focus on who keeps custody of the baby and who pays child support.

Mandatory Waiting Period

California has a 6-month long mandatory waiting period for divorce, which is a time meant to sort out issues like paternity, division of assets, and more.

It also gives divorcing couples time to reconsider going through with the separation.

However, this waiting period can feel stressful for the mother as she goes through emotional stress, unresolved custody issues, lack of closure, and more.

In this case, the couple can opt for legal separation, which can later be converted into a legitimate divorce once the child is born.

Child Custody and Support

Both parties need to agree on child custody and support matters of their current children and after the unborn child is born.

However, if the parents fail to reach a consensus, the court will step in and make the decision based on what’s best for the child.

A recent Custody X Change Study shows that 93% of divorce proceedings used mediation to resolve child support and custody issues. Naturally, this will make the divorce process much longer as both parties will now need to go through several court hearings.

Pregnancy During Divorce & Financial Aspects

Divorce in California also comes with some financial costs beyond the initial $435 divorce filing fee. The cost is even higher for pregnant divorce couples since they will need to pay for hospital bills and medical checkups while covering crucial legal fees.

According to calculations, the typical divorce, from start to finish, can cost about $17,500, including legal fees.

But for pregnant couples, the final amount can exceed $20, 000 including retainer fees, divorce mediation fees of $3,500 to $5,000, and more.

In reality, the total price you will pay for finalizing the divorce is uncertain, and it gets more expensive when certain claims are disputed.

For this reason, it’s best to consult experts like The Complete Divorce (TCD) to guide you through the divorce process and what’s required of you.

Health & Insurance Coverage in Pregnancy During Divorce

Going through a divorce while pregnant may qualify you to take health insurance coverage from your spouse’s employer. This system is known as COBRA coverage, which helps you maintain your and your baby’s health throughout the stressful divorce process.

However, it’s worth noting that using COBRA means your other spouse automatically becomes the legal parent of the child, even after the delivery.

Regardless, it’s still best to consult with an expert in family law to understand what health insurance rights you have and can capitalize on.

Labor & Delivery Expenses in Pregnancy During Divorce

Who pays for your child’s delivery cost during the divorce? Well, despite the conflict, the soon-to-be ex-husband is legally required to contribute to the labor and delivery expenses.

This responsibility may also continue after the divorce has been finalized, as he will still be required to pay as the father of the child.

The precise amount will be decided by the court as they will assess the circumstances surrounding the birth and determine his contribution.

Also note that the cost may be calculated as part of the divorce settlement, meaning he will pay the labor cost before the baby arrives.

8 Tips to Navigate Divorce Process During Pregnancy

Having a divorce during pregnancy can be emotionally and physically exhausting, but fortunately, there are some measures you can take to reduce the toll.

Here are some of our top tips for having a successful divorce while pregnant:

Self-Care Comes First: Pay attention to both your physical and emotional health. Relieve tension or restore your balance by doing things you love, such as meditation, yoga, or journaling.

Look for Help: Rely on people close to you for emotional support. Share your challenges and receive guidance by joining support groups for expectant women.

Talk Openly: Talk to your spouse about important issues such as co-parenting. You can also consider counseling to promote healthy communication.

Legal Aid: Speak to a professional about your legal rights concerning divorce while pregnant, as it can be a complicated process.

Set a Financial Plan: Make room in your spending plan for prenatal visits, baby delivery, and postpartum care. Do your best to clarify financial duties in the divorce settlement.

Remember the Child: Make thoughtful decisions that impact your unborn child’s health and stability.

Create Your Village: Friends, family, and professionals are a huge part of your support network. Build a village to help you during this tough time.

Give Yourself a Break: Take time out to do things that you enjoy. It is okay to indulge in relaxation from time to time!

Applying these tips is one way to avoid getting overwhelmed by the complexity of divorce and motherhood. So, be sure to seek legal help, plan your finances, and be around people who support you.

Take Control of Your Divorce During Pregnancy

Divorce and pregnancy can be overwhelming, and the stress can get even worse if the other partner committed adultery or refuses to settle.

However, with the right legal guidance, you can navigate the challenging process and end up with a better future for yourself and your child.

Fortunately, The Complete Divorce (TCD) aims to help women simplify the divorce process.

We offer step-by-step guides, expert insights, and more to help you clarify any misconceptions about divorce and put you on the path to success.

Contact TCD today. Let’s help you out!

FAQ – Divorce During Pregnancy in CA

1. Can you divorce if you are pregnant?

California has a no fault divorce policy, which allows you to end your marriage, even while you are pregnant.

However, there are some legal considerations that you need to address, including the division of assets, paternal disputes, and more.

2. What happens if you have a baby with someone else while married in California?

Having a baby with someone else complicates the separation since adultery and divorce put the paternal status up for debate.

This will also lead to custody issues and will make your chances of receiving child support from your soon-to-be ex-husband unlikely.

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