There are a lot of misconceptions out there about family law, such as the mistaken belief that mothers are given preference in custody matters (which Colorado law forbids). Another common myth is that a person cannot get divorced when they are pregnant. In Colorado, a person can get divorced at any time – including while they are pregnant. 

In Colorado, if you are pregnant, you can get divorced. You will need to disclose your pregnancy as part of your divorce filings, just as you would list any minor children that you share with your spouse. You will also have to attend a court hearing if you are seeking an uncontested divorce, unless both you and your soon-to-be ex are represented by counsel and you agree on all the material issues. Our Colorado Springs divorce attorneys can help you with the process, advocating for your rights and the rights of your unborn child.

Ascent Legal Group represents clients in divorce, child custody, child support, and related family law matters. We understand the complexities involved in getting divorced when one spouse is pregnant, and can work to protect your interests and get you the best possible outcome. Reach out to our law offices to schedule a free 30-minute consultation with a Colorado divorce lawyer.

Can I Get a Divorce in Colorado If I Am Pregnant? 

Under Colorado law, a couple can get divorced when a spouse is pregnant. There is no prohibition on getting divorced while pregnant. However, the process can take longer because the court has to address custody issues related to the minor unborn child. 

Colorado has adopted the Uniform Marriage and Divorce Act, which is referred to in our state as the Uniform Dissolution of Marriage Act. Under Colorado’s Domestic Matters law, when a person files a petition for dissolution of marriage, they must list the names, ages, and addresses of any living children of the marriage and whether the wife is pregnant. 

The requirement to disclose a spouse’s pregnancy is not intended to prevent a pregnant person from getting divorced. Instead, disclosing this information allows the court to fully address all issues in the divorce. This includes custody and child support for the unborn child.

Of course, given how slow the court system moves, it is entirely possible that the pregnant spouse will give birth before the divorce is finalized. This is particularly true because there is a bit of a procedural hurdle for uncontested divorces in Colorado when one spouse is pregnant.

If a couple agrees on all material issues (i.e., division of property, parenting time, spousal maintenance, and child support), the divorce is considered uncontested. This process is typically much faster and less expensive compared to a contested divorce. If there are no children, and neither party is pregnant, the couple may be able to get divorced without a hearing.

However, under Colorado law, being divorced without a hearing is only allowed when the couple has no minor children and the wife is not pregnant, or when both spouses are represented by counsel. Under this law, if one spouse is pregnant, then a couple must both have counsel to get an uncontested divorce by affidavit. Otherwise, they will have to attend a court hearing to obtain their divorce decree.

This does not mean that a pregnant spouse cannot get divorced without a lawyer, but it does mean that they will likely need to go to court. Because it can take time to get a court hearing scheduled, there is a strong possibility that the pregnant spouse will give birth before the divorce hearing. 

Getting divorced while pregnant in Colorado is entirely possible. However, you do have to disclose to the court that you are pregnant, just as you have to list any children that you share with your spouse. In addition, if you want to pursue an uncontested divorce, you will either need to have lawyers or go to court to get the divorce finalized. Our Colorado Springs divorce attorneys can walk you through the process and help you explore your options for getting divorced while pregnant in Colorado.

Complexities That May Arise in Divorces with a Pregnant Spouse

While you can get divorced when pregnant in Colorado, the chances of the divorce being finalized before the child is born are low. Colorado has a 91-day waiting period to finalize a divorce, which means that, at a minimum, it will take 3 months from filing the petition to get divorced. In practice, a quick divorce is only possible in situations where both spouses agree on all legal issues in their case and work extraordinarily well together.

Key Parenting Agreements

When one spouse is pregnant, the couple will have to agree on several key issues. This includes parenting time and decision-making authority (custody), child support, and spousal maintenance if one spouse stops working to take care of the baby. 

Questioning Paternity

There may also be paternity issues, although in Colorado, if you are married at the time of your baby’s birth or if the baby was born within 300 days of your divorce, your husband/ex-husband is presumed to be the father.

Many couples decide that it makes more sense to wait until the baby is born to move forward with a divorce. This can make more sense for a lot of couples because it allows them to address all issues in their divorce in one hearing instead of returning to court after the baby is born. 

Of course, every situation is different. There are good reasons why a person may want to get their divorce finalized as quickly as possible. Our Colorado Springs divorce lawyers can help you get the best outcome for your case based on your specific needs.

Leaving The State

Importantly, the non-pregnant spouse cannot prevent the pregnant spouse from leaving Colorado. When a divorce case involving minor children is pending, Colorado law prohibits one spouse from removing the children from the state without a court order or the other parent’s consent. The same rule does not apply to pregnant spouses.

This means that if your soon-to-be ex decides to move to another state during your divorce case, you cannot stop them from doing so, even though they are pregnant with your child. If the child is born in another state, then you will likely have to go through separate proceedings in that state for child custody and support matters. That is because Colorado would not have jurisdiction over that minor child, so any decisions related to child custody and child support would have to be made in the state where they reside.

These complications do not mean that you shouldn’t get divorced if you or your spouse is pregnant. Instead, they are just things to consider when deciding when to get divorced. Unless your situation is untenable, it may make more sense to wait until your child is born to start divorce proceedings. That can simplify the process and avoid the need for additional court hearings or even having to deal with out-of-state custody matters.

Reach Out for a Free 30-Minute Consultation with a Colorado Divorce Lawyer

The decision to get divorced is rarely easy. This is particularly true when you or your spouse is pregnant. While you can get divorced while pregnant in Colorado, the process can be more complicated. Our Colorado divorce lawyers can help you understand your rights and options when it comes to getting divorced while pregnant.

With offices in Colorado Springs, Centennial, and Castle Rock, Ascent Legal Group represents clients in a range of family law matters. We have experience handling all types of cases, including divorces when one spouse is pregnant. Call our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with an experienced Colorado divorce lawyer.