Pregnant Women Can’t Get Divorced in Some States – What About MI?

Did you know that some states don’t allow pregnant women to get a divorce?

It's hard to believe that in 2024, there are still laws in place that can prevent a divorce if the woman is pregnant. This isn’t just one state down south with an old, ignored law still on the books. According to Newsweek, there are actually five states in the U.S. that enforce this law: Arizona, Arkansas, California, Missouri, and Texas.

Some states won’t allow a divorce if the woman is pregnant, while others make her wait until after the baby is born to finalize it. Right now, there are nine states with these kinds of rules, leaving pregnant women with fewer options for ending their marriages. Those states are Alabama, Delaware, Hawaii, Indiana, Maine, Mississippi, Nebraska, South Dakota, and Wyoming.

So, where does Michigan stand on both of these issues? Well, Michigan stands appropriately with other states that allow pregnant women to file for and finalize a divorce without unnecessary delays.

When I first heard about this, I thought it was ridiculous. However, there is good reason behind what seems like a strange law.

These laws ensure that things like paternity, child support, and custody are clear before the divorce is finalized. Courts want to know who the baby’s legal father is so they can figure out who’s responsible for the child. Delaying the divorce until after the baby is born helps avoid any confusion, especially if there’s a question about who the father is.