Divorce During Pregnancy in California

Paternity Considerations

If you and your spouse are married, California law presumes your spouse is the legal parent of your child. However, if there are doubts regarding the father’s identity, this must be addressed before finalizing the divorce. Establishing paternity may involve genetic testing and will influence decisions about custody and support.

Child Custody and Support

California courts prioritize the best interests of the child when making custody decisions. Although it’s not possible to create a full custody plan for an unborn child, the court can issue provisional orders that take effect once the child is born.

• Temporary Orders: You can request temporary orders for custody and support during pregnancy. These orders serve as a temporary arrangement until the court can establish a more permanent solution.
• Child Support: Once the child is born, the court can mandate child support payments based on both parents' incomes and the custody arrangement.

Health Insurance and Prenatal Care

Pregnancy introduces essential healthcare needs that must be considered in divorce proceedings. Ensuring that you and your unborn child have continuous health coverage is a top priority.

Maintain Coverage

If you are on your spouse’s health insurance plan, it’s vital to ensure that coverage continues through your pregnancy. Courts may issue temporary orders to maintain your health coverage during the divorce process.

• Medical Expenses: Prenatal care, delivery costs, and other medical expenses related to your pregnancy may be factored into the divorce settlement. It’s important to keep accurate documentation of medical costs for your financial disclosures.

Emotional and Mental Health Considerations

Dealing with divorce while pregnant can take a significant emotional toll. Ensuring your mental and emotional well-being is just as important as your physical health during this time.

Seek Support

Leaning on friends, family, or professional counselors can help you manage stress and anxiety during this emotionally difficult period.

Co-Parenting Plans

Developing a co-parenting plan in advance can ensure both parties are prepared for their roles once the baby arrives. This plan should prioritize the baby’s best interests and establish a supportive co-parenting environment.