Can You Get a Divorce While Pregnant in California?

Pregnancy adds a layer of complexity to an already difficult process. If you are pregnant and want to end your marriage, you might wonder if the state forces you to wait.

The short answer is no, you do not have to wait to start the process. But you do have to wait to finish it. Here is exactly how California handles divorce when a spouse is pregnant, what the law says about paternity, and how it impacts your timeline.

You Can File Immediately

You can file the initial Petition for Dissolution at any time during your pregnancy and start the process right away.

On the Petition for Dissolution (Form FL-100), Section 6 asks about children of the marriage. You must check the box that says "There is a child expected to be born" and provide the estimated due date.

Filing immediately is often a smart move because it starts the clock on California's 6-month mandatory waiting period. By the time the baby is born, the waiting period may already be over, allowing you to finalize the divorce much faster than if you had waited.

Why the Court Won't Finalize the Divorce Before Birth

While you can start the process, a California judge will not sign your final Judgment (FL-180) while you are pregnant. The court has a legal obligation to resolve all issues related to the children of the marriage before granting a divorce.

A judge cannot make child custody, visitation, or child support orders for an unborn child. The court must wait until the baby is born so that:

1. Paternity is legally established.
2. A specific custody and visitation schedule can be ordered.
3. Child support can be calculated using the state's guideline formula (which requires knowing the exact custody timeshare).

The Presumption of Paternity

California Family Code Section 7540 establishes a strict legal rule: if a child is born during a marriage, or within 300 days after the marriage ends, the husband is legally presumed to be the father. This is called the "marital presumption."

If the husband is the father: The process is straightforward. Once the baby is born, you update the court with the child's name and birthdate, calculate child support, agree on custody, and finalize the divorce.

If the husband is NOT the father: This is where it gets complicated. Because of the marital presumption, the husband is legally the father in the eyes of the state. To overcome this presumption, you must involve the biological father and the court must establish paternity — usually through DNA testing and specific legal filings to remove the husband's legal rights and obligations.

What to Do While You Wait

The months between filing the petition and the baby's birth do not have to be wasted time. You can and should complete the rest of the divorce requirements:

• Financial Disclosures: Both spouses exchange Income and Expense Declarations (FL-150) and Schedules of Assets and Debts (FL-142).
• Property Division: Negotiate the sections of your Marital Settlement Agreement covering the house, cars, and retirement accounts.
• Spousal Support: Agree on alimony terms.

By doing this work while pregnant, all that's left after birth is to add the child's name, finalize custody and support, and submit the packet to the judge. See if you qualify and we'll prepare your packet so it's ready the moment the baby arrives.