Can You Get Divorced While Pregnant in Florida?

Discovering you’re pregnant while your marriage is already on shaky ground is a difficult reality to face.

Can you pursue a divorce while expecting in Florida? It’s a tough situation, but knowing your options can help you move forward with clarity and confidence. At Mindful Divorce, P.A., a family law firm in Palm Beach County, we understand how sensitive and challenging this process can be.

Our team is here to guide you through these legal procedures, offering support and insight to help you make the best decisions for yourself and your family.

Filing for Divorce While Pregnant in Florida

First things first, yes, you can file for divorce while pregnant in Florida. The law doesn’t prevent you from starting the process, but there are a few unique factors to keep in mind.

When you file, you’ll need to complete a petition for dissolution of marriage, and if you’re expecting, it’s important to note the pregnancy in your paperwork. Specifically, the form you’ll use is 12.901(b)(1).

This isn’t just a formality; it ensures that the pregnancy is acknowledged and becomes part of the case.

Once you’ve filed, the court will set a timeline for proceedings. Even though you can initiate the process, there are elements related to the child that might cause the court to delay the final decree until after the birth. This is to ensure that issues like paternity, custody, and child support are properly addressed.

Finalizing the Divorce

Starting the divorce process is straightforward, but the finalization usually gets a bit more complicated when there’s a pregnancy involved. Here are the primary reasons for any delays:

Paternity Establishment

One of the key issues to sort out is determining legal fatherhood. In Florida, there’s a presumption that the husband is the legal father of any child born during the marriage. But, if there’s a question about paternity, this needs to be resolved to figure out responsibilities and rights.

Child Support Determination

Financial support is a major concern when a baby is on the way. Before the divorce is finalized, the court will need to establish what kind of financial obligations each parent will have. The decision will be based on the incomes of both parents and is aimed at making sure the child’s needs are met.

Custody and Timesharing Arrangements

Even if the baby hasn’t been born yet, it helps to create a parenting plan so everyone knows how things will work once the child arrives. The court wants to see that there’s a plan for co-parenting that supports the child’s best interests.

Legal Presumptions and Paternity

Due to situations such as extramarital affairs, despite presumed paternity, it may not be the case that the husband is your child’s father. If the husband isn’t the biological father, the legal presumption can be challenged.

This process, known as the disestablishment of paternity, often involves DNA testing to set the record straight. It can get complex, but it’s necessary if there are doubts.

Resolving paternity issues helps clarify who will be responsible for supporting the child and what rights they’ll have.

Exceptions to the Delay

Even though finalizing a divorce while pregnant is often delayed, there are some exceptions. A divorce might be processed to completion before the baby’s birth if:

1. The husband is not the biological father, and
2. The biological father signs an affidavit, accepting full responsibility for the child.

In such cases, the legal process becomes more simplified, avoiding some of the usual delays.

Key Considerations During Divorce While Pregnant

It’s no secret that going through a divorce while pregnant brings extra layers of emotional and logistical challenges. Let’s look at some of the main points to consider:

Child Custody and Support

You’ll want to start thinking about how you’ll manage parenting responsibilities after the divorce. Create a parenting plan and set up child support arrangements to help create stability.

Florida courts are flexible; once the baby is born, modifications can be made to fit what works best for both parents and, most importantly, the child.

Emotional and Logistical Challenges

You and your unborn child’s well-being is most important. Make sure you have a solid support system, whether it’s family, friends, or professional counselors.

Consider speaking to a counselor or joining support groups. Sometimes, just knowing that others understand what you’re going through can make all the difference.

Facing Divorce While Pregnant in Florida? Mindful Divorce, P.A. Can Help

If you’re facing the prospect of divorce while pregnant in Florida,  you don’t have to go at it alone. Here at Mindful Divorce, P.A., we understand the complexities of these situations, and we’re here to offer compassionate, knowledgeable support.

Our team has helped many clients manage these challenges, carefully handling every legal step with care, respect, and transparency.

Your future and the future of your child are what matter most. Let’s work together to create a plan that secures both. Contact us at (561)-537-8227 for a confidential consultation, and let’s start the conversation about how we can help you move forward.