Can I Get A Divorce If I Am Pregnant In Arizona?

Dealing with a divorce is undoubtedly a distressing and emotionally exhausting process. However, if you find yourself in the additional predicament of expecting a child, the situation becomes even more complex. In such circumstances, it is crucial to have a clear understanding of your rights and the legal process that governs divorce in Arizona.

In Arizona, the legal proceedings for obtaining a divorce while pregnant are no different from a typical divorce. Both partners must file a petition for dissolution of marriage, which serves as the starting point for the process. Throughout the divorce proceedings, common issues like child custody, child support, property division, and spousal support must be addressed.

Child Custody and Support

In matters of child custody, the courts in Arizona prioritize the best interests of the child when making decisions. This means that the court’s primary concern is providing for the child’s needs, rather than solely considering the desires of the parents involved.

If you find yourself pregnant while going through a divorce, it becomes crucial to address concerns related to child custody and visitation rights for the unborn child. This includes creating a comprehensive parenting plan that accounts for the expected arrival date of your new child. Moreover, the court will carefully consider each parent’s ability to care for the child, including any particular needs the unborn infant might have.

Child support is another crucial aspect that must be carefully determined. When deliberating on child support matters, the court takes into account both parents’ income, the child’s specific needs, and any extraordinary circumstances surrounding the child’s birth, such as potential medical expenses. It is important to note that child support obligations typically commence once the child is born.

Property Division

In the context of divorce, Arizona law mandates an equitable distribution of marital property. This means that assets and debts accrued during the marriage should be divided fairly between both spouses. However, when one of the spouses is pregnant, property division may become more intricate, as considerations such as pregnancy-related medical expenses must be taken into account.


In conclusion, it is indeed possible to obtain a divorce while pregnant in Arizona. However, multiple factors must be considered, including child custody and support, property division, and any other concerns related to the unborn child. To ensure that your rights and interests are adequately protected throughout the process, it is vital to seek guidance from an experienced Arizona divorce attorney. Their expertise will facilitate a smooth and amicable resolution, allowing you to prioritize the health and well-being of your family.

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