The internet can be a good source of information on many topics. Unfortunately, it can also be a tool for people spreading misinformation.
A recent viral social media post falsely claimed that state laws in Arizona, Texas, Missouri, Arkansas and Florida prevent a married couple from obtaining a divorce until after the birth of their child if one of the spouses is pregnant.
What the law says about divorcing while pregnant
None of the states, including Arizona, mentioned in the viral tweet have laws that prevent a divorce during pregnancy. However, some judges may delay finalizing a divorce until after the birth of the child for child support, paternity or custody reasons.
Legal issues that may arise
While you can divorce during a pregnancy, legal issues may arise. For example, Arizona law assumes that the husband is the biological father of any child born during the marriage. However, if the marriage ends before the child is born, the child may have no legal father and lose rights to child support. The loss of this paternity assumption may also affect child custody agreements. However, while judges in Missouri and Texas may delay divorces for these reasons, Arizona attorneys can usually address these issues without delaying your divorce.
Divorces during pregnancy are relatively common in Arizona and are seldom a cause of delays. If you are pregnant and considering a divorce, it is a good idea to educate yourself about any potential roadblocks. However, in most cases, there is no need to wait until after you give birth to proceed with your divorce case.