Pregnancy is a major life event that can bring both joy and stress. When a marriage is already under strain, the challenges of pregnancy can sometimes push couples to consider divorce. This leads to an important legal question: can you get divorced while pregnant in Colorado? The answer is yes, but there are unique legal issues that must be resolved before the divorce can be finalized.
Colorado law does not prevent you from filing for divorce while pregnant. However, the court has an obligation to ensure that the rights and responsibilities of both parents are clearly established. Because many of these decisions relate to the unborn child, certain issues may take longer to resolve compared to a divorce where children are not involved.
Establishing Paternity Before and After Birth
Paternity is one of the first matters the court will consider. In Colorado, a child born during a marriage is presumed to be the biological child of the husband. This presumption grants the husband parental rights and also creates legal obligations, such as the responsibility to provide financial support.
Situations become more complicated when there is uncertainty about paternity. If either spouse questions whether the husband is the biological father, the court may delay final custody and support decisions until genetic testing can be performed after the child’s birth. This ensures that legal rights and obligations are assigned to the correct parent.
Key points about paternity in Colorado include:
- A child born during a marriage is legally presumed to be the husband’s child
- Paternity disputes may require testing after the child is born
- Final custody and child support orders usually cannot be made until paternity is confirmed
Child Custody Considerations
In every Colorado divorce case involving children, the court prioritizes the best interests of the child. When a divorce takes place during pregnancy, the court typically postpones final custody orders until after the child is born. This is because it is impossible to evaluate the child’s needs until birth has occurred.
Parents may begin working on a parenting plan during the divorce process. This plan outlines how responsibilities and parenting time will be shared. However, it will not become final until after the child is born. At that point, the court will consider factors such as:
- The health and well-being of the child
- The ability of each parent to provide a safe and stable home
- The relationship between the child and each parent
- The willingness of each parent to encourage a positive relationship with the other parent
This ensures that decisions about custody and parenting time are based on the child’s actual needs and circumstances, not speculation.
Child Support During and After Pregnancy
Child support is another issue that comes into play when divorcing during pregnancy. While ongoing child support typically begins after the child is born, Colorado courts may issue temporary orders to help cover pregnancy-related expenses. These may include medical bills, maternity costs, and insurance coverage.
Once the child is born, the court calculates child support using Colorado’s established guidelines. These guidelines consider factors such as:
- The income of both parents
- The number of overnights each parent spends with the child
- The cost of health insurance and medical care
- Other extraordinary expenses, such as childcare
The goal is to ensure that both parents share responsibility for supporting the child financially, regardless of marital status.
Division of Property and Debts
Pregnancy does not change how property and debts are divided in a Colorado divorce. Colorado follows the principle of “equitable distribution,” which means assets and liabilities are divided fairly, but not always equally. Courts evaluate several factors when determining how property should be divided, including:
- The contributions of each spouse to the marriage, both financial and non-financial
- The economic circumstances of each spouse
- The value of property awarded to each spouse
- Any agreements between the spouses
For example, if one parent will be primarily responsible for caring for a newborn, the court may take that into account when deciding financial support or dividing marital property. This ensures the parent taking on more childcare responsibilities has the resources they need.
How Divorce Timing May Be Affected
Colorado requires a minimum waiting period of 91 days from the date the divorce petition is served before a divorce can be finalized. For pregnant couples, this timeline still applies. However, while the divorce itself can move forward, certain decisions, such as custody and child support, are often delayed until after the child is born. This allows the court to make informed decisions with the child’s needs in mind.
As a result, the overall divorce process may take longer for couples who are expecting a baby. While it may be possible to finalize property division and spousal maintenance before the birth, issues involving the child usually remain unresolved until later.
Emotional and Practical Challenges
Divorcing during pregnancy brings more than just legal complications. It also presents emotional and practical challenges for both parents. Stress during pregnancy can affect health, and uncertainty about the future may feel overwhelming. Parents must balance medical appointments, preparation for the baby, and legal proceedings all at once.
Some common challenges divorcing parents face during pregnancy include:
- Managing the financial impact of single parenthood
- Preparing for parenting responsibilities without the support of a spouse
- Coping with emotional stress while focusing on the health of the baby
- Making long-term plans for custody, housing, and support
These issues highlight the importance of having the right support system, both personally and legally.
Why Legal Guidance Is Important
Divorcing while pregnant is more complex than a typical divorce. Parents must address paternity, custody, financial support, and property division, all while preparing for the arrival of a child. A misstep in handling these issues can create long-term consequences that affect both parents and the baby.
An experienced family law and divorce attorney can help ensure that your rights are protected, deadlines are met, and the child’s best interests remain central to the process. Legal guidance can also provide clarity about temporary financial support, custody planning, and post-birth legal requirements.
At Littman Family Law, we understand the unique challenges of divorce during pregnancy. Our Denver divorce attorneys provide compassionate advice and skilled representation to help parents make informed decisions during this difficult time. We are committed to protecting your rights and securing the best possible outcome for your family.
If you are considering divorce while pregnant and want to understand your legal options, please contact us today. We are here to help you move forward with confidence and support.
