Different states have different laws on whether you can file for divorce or establish paternity while one party is pregnant.

In Arizona, you can file for divorce if you or your significant other is pregnant.

This, however, may complicate the matter, and your matter probably won’t be finalized until after the baby is born.  The Court won’t handle child support and child custody (legal decision making) issues until the child is born.  The child needs a Social Security Number and proof of paternity to settle your case.

Precedent for this policy is changing in the United States. In Washington State, in 2005, the state house passed a bill that prevents judges from using a woman’s pregnancy as the sole reason for denying a divorce

“The divorce bill was inspired by the real-life case of Shawnna Hughes. A Spokane County Superior Court judge ruled last year that because Hughes’ ex-husband didn’t know she was pregnant at the time the divorce was granted, the divorce was illegal and must be revoked.

Because Hughes was on public assistance, the state had objected to the divorce because it might leave the state unable to pursue a father for repayment of welfare money used to support the child.

Rep. Mary Lou Dickerson, D-Seattle, said the Spokane ruling wasn’t an isolated incident.

‘There is no uniformity in the law nor in how judges view pregnancy in divorce proceedings,’ Dickerson said. ‘Similar rulings have been made on both sides of the Cascades.'”

Having a child while your marital status is in transition is problematic, and complicated, and requires an attorney.

In some cases it’s necessary, especially if your spouse has left you financially or emotionally isolated while you’re particularly vulnerable.  The best answer is to get an experienced attorney, call Enholm Law at (602) 889-6273.