January 20, 2016

Can I Get a Divorce in Florida While I'm Pregnant?

Florida Divorce While Pregnant

 If you want to get divorced in Florida, there is a fairly straightforward legal path you must follow in order to get it done. If you are getting divorced while pregnant, however, the path can become more rocky and complicated.

Am I able to get a divorce in Florida if I am pregnant?

In Florida, you can file for dissolution of marriage. If you are representing yourself, you must acknowledge your unborn baby by using form 12.901(b)(1), Petition For Dissolution of Marriage With Dependent or Minor Child(ren). If you are represented by a divorce attorney, he or she will acknowledge in your initial pleading that you are expecting a child. That being said, your divorce will not be final until after the baby is born and the issues of timesharing/custody and support are addressed.

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What if the biological father of the baby is not my husband?

While another man may be the biological father of your unborn child, under Florida law, your husband is presumed to be the legal father of your unborn child. A legal father is the man with the rights and responsibilities related to the child such as timesharing/visitation, participation in decisions about the care and raising of the child and the obligation to financially support the child’s needs.

In order to change the legal status, the legal father must file a petition for disestablishment of paternity in the circuit court that has jurisdiction over the child. Additionally, the biological father will have to establish paternity.

Are there any situations where the Florida divorce will be granted before the birth of the baby?

While unusual, if

  • You are pregnant and the person you are divorcing is not the father of the child AND
  • The father of the child is willing to sign an affidavit stating they can and will assume financial responsibility for the child

Then the divorce MAY be granted in some situations.

Being pregnant during a Florida divorce adds a great deal of complexity to the process. It is advisable to consult with an experienced family law attorney who can help you navigate the issues specific to your case.


Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss divorcing while you are pregnant, please contact The Law Firm of Charles D. Jamieson, P.A. online or call 561-478-0312.




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