Can You Get A Divorce During Pregnancy In Arizona?



Can You Get a Divorce While Pregnant in Arizona?

It's a common inquiry made by many expectant mothers - can you get a divorce while pregnant? More specifically, is it possible to file for divorce in Arizona while expecting a child? This issue raises questions on Arizona divorce laws, the reasons for divorcing in Arizona while pregnant, and the implications it can have for the pregnant woman and unborn child.

Understanding Divorce During Pregnancy in Arizona

Legally severing ties with your partner during pregnancy is undeniably complex. Divorce complications can significantly increase due to the nuances of family law and the sensitive nature of the predicament. However, a necessary clarification of Arizona law as seen on AZLawHelp.org sets the record straight that pregnancy will not prevent you from divorcing in Arizona.


The Specifics of Arizona Divorce Laws

According to s per Enholm Law, PLLC the requirements for filing for a divorce in Arizona when pregnant are the same standard residency requirements that apply to all couples. Hence, the divorcing in Arizona process is applicable even during pregnancy.

But it's important to note that although you can file for divorce, it may not be finalized until after the child's birth. According to Goldman Law firm, this stipulation ensures that all pertinent matters relating to child support, custody, and paternity are taken into consideration.

Establishing Paternity in Arizona

Establishing paternity is a significant part of the divorce process, especially if the woman is pregnant. Regardless of the biological relationship to the newborn, the law commonly presumes that the spouse is the other legal parent of the child. As Modern Law explains, keenly establishing paternity during the pregnancy makes matters considerably straightforward once the divorce process is underway.

Questions on US States' Divorce Laws

While going through a pregnant divorce, it's essential to understand that divorce laws vary significantly across different US states. It's therefore advisable to seek Arizona law help if you find yourself in this situation. This not only ensures you navigate the divorce process with more ease but also guarantees that your rights (and those of your unborn child) are adequately safeguarded.

Frequently Asked Questions

Q: Is it possible to file for a Divorce in Arizona while pregnant?

A: Yes. The Arizona divorce laws permit filing for divorce even during pregnancy, as affirmed by Colburn Hintze Maletta, PLLC.

Q: As a pregnant woman looking to get a divorce, what possible reasons would I need to justify the breakup?

A: The reasons could range from infidelity and domestic violence to incompatible personalities and financial difficulties, among others.

Q. What's the legal process in Arizona regarding paternity during a divorce?

A: Paternity is a significant concern during divorce proceedings, especially when the woman is pregnant. The spouse is presumed to be the other legal parent, regardless of biological relations to the child.

Q. Fact Check: Is It True You Cannot Finalize A Divorce During Pregnancy In Texas? 

A: Yes, it is true you cannot finalize a divorce in Texas if you are pregnant.  In a recent Fact Check article by USA Today, Missiouris, TExas, Arizona and Arkansas all require finalizing a divorce to be delayed until determinatioin of paternity after the baby is born.


In conclusion, it's understandably challenging to navigate the difficult journey of pregnant divorce cases. However, with the proper legal guidance, such as that offered by Judie Rettele from Colburn Hintze Maletta, a Phoenix family law firm, understanding Arizona divorce laws becomes more straightforward, ensuring a smooth transition towards the next phase of life.