How to Navigate Divorce While Pregnant

Divorce while pregnant can be emotionally and legally complex. Learn how to navigate this phase of life with clarity and support.

To summarize:

  • Filing for divorce while pregnant is allowed in Maryland, and courts can even issue temporary orders to help with finances and care during this time
  • Maryland law provides for divorce after six months’ separation, mutual consent, or irreconcilable differences
  • There are options for health coverage following divorce while pregnant should you lose access to your spouse’s insurance

While there is no such thing as a “legal separation” in Maryland, as in many other locations, there are alternative ways to separate oneself from another person. You can do this while pregnant in Maryland, and the courts will focus on aspects of your relationship, such as:

  • Grounds for divorce
  • Jurisdiction of the court
  • The child’s best interests
  • Attitude of the parents

Below, you will learn how to undergo this process, including:

  • Developing a divorce strategy
  • Securing healthcare coverage post-divorce
  • Ensuring you can support the child
  • Collating all records to help with the divorce

Finally, learn how the Blattner Family Law Group can help you break through the legal challenges and take a lot of the weight off your shoulders when you want a relatively stress-free separation.

Can I Pursue Divorce While Pregnant?

Maryland is one of the 36 states, at the time of writing, that allow for divorce while pregnant. However, there are several options available when choosing to file.

Your priority should be meeting the state’s grounds for “absolute divorce”, which defines whether you have a legal reason to undertake the process.

The primary grounds you can pursue include:

  • Six months’ separation
  • Separation by mutual consent
  • Irreconcilable differences

As such, you should choose which one you can both prove and which is most likely to offer you success.

If the grounds for divorce occurred outside of Maryland, however, one spouse must have resided in the state for at least six months before filing. The reason for this is to prevent “divorce shopping” by individuals visiting the state solely to obtain a divorce.

What Happens if My Wife Is Pregnant During a Divorce?

Pregnancy and divorce can often cause complications. In Maryland, the court can issue pendente lite orders, which are temporary court orders for support and parenting time during the pendency of the pregnancy.

However, depending on your situation, be aware that your spouse may be able to prove that the child is not necessarily yours, which could complicate this process.

If you have safety concerns, ask your lawyer to request emergency relief. Doing this may be able to reduce the risk to both the pregnant spouse and the unborn child. However, as a non-pregnant individual, you will need to explicitly prove that there is a clear danger.

Maryland Basics for Divorce While Pregnant

In 2025, Maryland will only recognize absolute divorce as an option for the dissolution of marriage. The state repealed limited divorce in 2023.

As such, the grounds you will need to seek are either:

  • Six months’ separation
  • Mutual consent
  • Irreconcilable differences

Choose which of these is more likely to succeed based on the proof you have of them, as well as the timing. For example:

Six months’ separation can still be under one roof if you can prove both people’s lives are provably separate.

Mutual consent demands a complete settlement agreement and no objections.

Irreconcilable differences require you to list and prove reasons for the divorce without establishing a specific fault, such as adultery.

It may be sensible to pick a ground that minimizes the potential for conflict to avoid a drawn-out divorce, and reassess these grounds over time in case there are alternatives you can pursue.

Custody and Paternity Considerations Before Birth

The court tends to presume that a child born to any marriage will be the child of both spouses unless this is proven false. However, if either child disputes the paternity, plan for several potential steps, including:

  • Affidavit of parentage
  • Genetic testing shortly after birth

If one of the parents wishes to take custody of the child, they should create a parenting plan, drafting it well in advance of the child’s delivery. You should be prepared to discuss:

  • Feeding options
  • Overnight custody
  • Medical decision options
  • Ability to stay with the child
  • Personal support

In some cases, you may be able to pursue emergency custody. However, you should discuss the details of this with your lawyer, as they will depend on the specific circumstances of the pregnancy.

Financial Planning and Health Coverage

Prenatal divorce planning should take into account the financial realities of both spouses. Be aware that Maryland’s child support guidelines will take many aspects of one’s life into account, including:

  • Income
  • Health insurance
  • Who can look after the child overnight
  • Extraordinary medical expenses

When putting forward your case regarding child support, make sure to gather as much proof as possible of what you earn and can (or can not) afford. This collection should include:

  • Pay stubs
  • Tax returns
  • Insurance premiums
  • Childcare quotes

Then, model the outcomes that will occur based on various potential scenarios. Your lawyer may be able to offer a consultation with an expert who can assist you in organizing this.

If you are a pregnant mother and you are looking to get a divorce, make sure to investigate the Maryland Health Connection. They offer a health plan for those who are recently pregnant, providing mutual protection for both the mother and child. You have 90 days after giving birth to apply, and they may be able to offer significant assistance if you do not have access to other options.

Safety Planning Regarding Emotional Support

Divorce can be a challenging time for anyone, and can often lead to depression. When a child is involved, the risks are heightened, and emotional support for pregnant women is critical.

If you have assembled a team, discuss your options for support with them, particularly medical professionals and/or therapists. They can likely provide you with focused assistance you would not get elsewhere.

FAQs About Divorce While Pregnant

How Can I Cope With Divorce While Pregnant?

Your first step should be to assemble a small support team of professionals who can assist you with the full range of issues you may encounter. For example, it may be a good idea to seek out a consultation with:

  • Medical professionals
  • Legal experts
  • Trusted personal helpers
  • Therapists

Asking your OBGYN about screening and resources you will need if looking for a divorce while you are pregnant may also help. They are likely to have advice, even if it is in the form of a pamphlet or a recommendation of a location you should visit.

Working with these people, put together a clear checklist for filings, appointments, and other tasks you need to complete. These will keep you on track, even during some of the more challenging steps of pregnancy.

We would also recommend that you reduce your social media presence during this time. It can not only reduce the stress of such a platform but may also protect you from accidentally posting information that could harm your divorce.

Can a Husband Divorce His Wife While She Is Pregnant?

Either spouse has the option of filing for divorce if they have grounds to do so. If they do, the court can issue temporary orders for parental support and parenting time.

If you have concerns about the nature of your husband, however, you should discuss them with your lawyer so that they can communicate them to the judge. They should prioritize your safety, offering options to minimize the risk to you.

These orders may not take effect until after birth, as their relevance may depend on the full details of the newborn’s information. If you have concerns related to this, you should seek legal guidance during pregnancy as soon as possible so that they can prepare.

Can I Leave My Husband if I’m Pregnant?

You can file and separate, even if you are pregnant. Depending on your situation, Maryland offers various options for divorce.

If you do choose to divorce, however, we would recommend that you:

  • Update your mailing address to ensure the reception of all court notices
  • Ask about who gets to use the home and its property
  • Request temporary support and parenting time if you require such an order
  • Ensure that prenatal care is uninterrupted by being transparent about appointments with the court

What Happens if You Get Pregnant Before a Divorce?

If you are still married at the point of birth, it is usually a good idea to seek out information on the parentage of the child to avoid disputes. Then, you should adjust the filings and relief requests appropriately depending on the facts you learn.

Pursuing the Best Outcome for You

You need to decide on the grounds for a divorce while pregnant, and the court you will engage with this process in. Complete everything and file within the week, if possible, by taking small steps to reduce stress for both you and the baby.

We also provide educational resources, such as our blog, to help people like you prepare and decide on your next course of action.

If you’re ready to take action, please contact us at Blattner Family Law Group for a complimentary consultation. We are a family law team based in Maryland with a wide range of experience in divorce and custody matters.