If you are pregnant while going through a Florida divorce, you may wonder whether you must remain legally married until the baby is born. So, can a Florida divorce be finalized while one spouse is pregnant? Unfortunately, the answer is not as straightforward as you might be hoping. While Florida law does not prohibit filing for divorce during pregnancy, pregnancy can affect when the court enters a final judgment.
Can You File for Divorce While Pregnant in Florida?
Yes. Florida Statutes § 61.052 allows a dissolution of marriage when the marriage is irretrievably broken. Pregnancy is not listed as a reason that prevents a spouse from filing. However, the pregnancy must be disclosed in the divorce petition. The Florida Supreme Court’s approved petition includes a section identifying which spouse is pregnant and the baby’s due date.
Can the Divorce Be Finalized Before the Baby Is Born?
This is where the situation becomes more complicated. Although Florida does not impose a blanket statutory ban on finalizing a divorce during pregnancy, courts may delay the final judgment until after the birth. The reason is that the court may need to resolve legal parentage and child-related issues before entering final orders.
Under Florida Statutes § 742.011, a pregnant woman or a man who believes he may be the father can initiate a proceeding in court to determine paternity when it has not already been established. After the child is born, a parent may seek determinations concerning parental responsibility, child support, a parenting plan, and time-sharing.
If the court finalizes the divorce before the child’s birth, the parents may have to return to court later to address paternity, parental responsibility, time-sharing, and child support. For this reason, many Florida courts prefer to wait until after the baby is born so these issues can be addressed together in the divorce proceedings.
What Happens To Parenting Issues?
Before the child’s birth, parents can discuss and prepare a proposed parenting plan, but final arrangements may depend on circumstances after the child is born.
If parentage is disputed, that issue may need to be addressed before the court can make lasting, enforceable orders pertaining to parental responsibility and support.
What Can You Do While Waiting?
A delayed final judgment does not necessarily mean every part of the divorce must stop. Depending on the circumstances, you and your soon-to-be ex-spouse may continue to resolve financial issues, exchange documents, negotiate property division, and address temporary financial support.
It can also help to organize financial records, insurance information, prenatal expenses, and other documentation. Additionally, parents may use the waiting period to discuss practical arrangements for the baby, including medical communication, transportation, work schedules, and an initial time-sharing proposal.
These steps can help reduce uncertainty while preserving evidence needed to address financial and parenting issues after birth. They can help your attorney identify issues that need immediate attention and those that can wait.
If you are dealing with a pregnancy during divorce, taking proactive steps can make the waiting period more manageable and help prepare you for the legal issues that may arise after the birth.
Contact Us for Legal Help
If you’re facing divorce during pregnancy, our divorce attorneys at Tampa Bay Legal Center, P.A. can help you understand your rights, navigate the divorce process, and prepare for the legal issues involving your child. Contact us today for guidance tailored to your family’s needs and circumstances.
