Divorce During Pregnancy in Michigan

Welcoming a baby into the world should be a joyous and exciting time. When a couple is experiencing marital difficulties and wants to divorce, an ongoing pregnancy during that divorce can be emotionally overwhelming and legally challenging.

In some states, pregnancy can significantly impact your ability to seek and finalize a divorce. What does Michigan law say about divorce and pregnancy?

Can I File for Divorce During Pregnancy in Michigan?

In Michigan, the answer is yes. You can file for divorce from your partner while you are pregnant or while your partner is pregnant. There are no legal ramifications or obstacles to overcome if you wish to move forward while you are carrying a child. However, you must advise the court about the pregnancy.

Key Legal Considerations for Divorcing While Pregnant

There are some legal factors to consider when navigating divorce while one party is expecting. Michigan implements a mandatory 60-day waiting period before the court finalizes a divorce. So, although you may initiate a divorce while pregnant, depending on how far along a woman is in their pregnancy, divorce may officially occur after the birth of the child. If there are concerns or questions over paternity, a judge may also use their discretion to avoid finalizing a divorce until paternity gets established.

Additionally, when you file for divorce in Michigan, you must disclose that you are pregnant when you file your paperwork. Michigan judges need a complete picture of the marital situation to address issues surrounding property division, child support, and child custody.

Challenges of Pregnancy and Divorce

One of the challenges that may arise with pregnancy during the divorce process is paternity. Michigan law assumes that the spouse is the child’s biological father when the parents are married when the child is conceived. If there are questions surrounding fidelity in the marriage, establishing paternity may be necessary, complicating divorce and extending the time it may take to resolve the case.

One of the additional challenges to consider when filing for divorce during pregnancy is the toll that divorce can take at a time when a woman may be feeling most vulnerable and emotional. Divorce can be stressful, impacting the health of mother and baby. However, staying in an abusive or damaging marriage can also be stressful. Discuss your specific situation with a compassionate Traverse City divorce attorney who can help you sort through your legal options and be an additional supportive shoulder to lean on during this challenging time.

Why You Should Consult a Michigan Divorce Attorney

If you’re pregnant and facing a divorce, now more than ever, you deserve compassionate and personalized legal advice. At Alward Fisher, we are here to support you throughout your divorce proceedings.

Contact our family law office today, and let’s discuss how we can help you navigate pregnancy and divorce so you can move forward with your family in the most positive way possible.