Those who are pregnant but are planning on getting a divorce in the state of Florida may seem challenged by the legal process. It can be difficult to know or understand the Florida laws when a couple is expecting a child but are divorcing. Florida is a “no fault” divorce state that allows both parties to divorce without providing any reason. The state also has two types of divorce, which includes regular and simplified. Although some states do not allow married couples to divorce while pregnant, Florida permits the divorce before the child is born, but it can be difficult to finalize.

Birth Certificate

According to Florida law, the man that you are married to will have his name appear on the birth certificate once the baby is born even if the divorce is finalized. In some cases, a DNA test may have to be performed to prove that the ex-husband is the father of the child before child support is paid. If the wife becomes pregnant by another man, the husband will still legally be responsible for the child until the right documents are processed, so hiring the best lawyer is a good idea is what a trusted child custody lawyer suggests.

Child Custody

Once the baby is born, child custody may be divided between the two parents. If the mother is breastfeeding, she will likely need to provide milk to the father. The biological father will also have to establish paternity to ensure that he can obtain visitation rights or custody. It’s also important to establish a child support amount through the courts with a timesharing plan before the child is born for a smoother process.


Those who are attempting to divorce while pregnant need to include the pregnancy in the petition for the dissolution of marriage. Under Florida law, it is presumed that the husband is the biological father of the unborn child, which requires that a disestablishment of paternity will need to be filed.

Although it’s unusual for the divorce to be granted before the birth of the baby, there are some exceptions. The divorce can be finalized sooner if the person you are divorcing is not the father of the child or if the father of the child is willing to sign an affidavit stating that he’ll assume financial responsibility for the baby. Unfortunately, being pregnant while trying to get a divorce adds more complexity to the case and can delay the process. The process can also be delayed if one of the parties moves to another state while attempting to get a divorce.

Emily A. Konicek

Emily A. Konicek

Emily A. Konicek brings 14 years of experience to your family law concerns. Emily excels at mediation, negotiation and litigation, and can help you pursue a course of action that helps you meet your goals for the future and for your family.