Obtaining a Divorce While Pregnant is Doable in Colorado
Many Coloradoans wonder: is it possible to obtain a divorce when one spouse is pregnant? The answer to this question is “yes,” obtaining a divorce when one spouse is currently pregnant is possible in the State of Colorado. Certain states, such as Missouri, make it quite difficult for pregnant spouses to obtain a divorce while pregnant, but this is not the case in Colorado. In Colorado, parties can initiate a divorce and also finalize a divorce while one spouse is pregnant, but there are special issues that must be taken into consideration when this situation arises.
First Issue: Colorado Divorce Petitions Require Pregnancy Status
Under Colorado’s Uniform Dissolution of Marriage Act (UDMA), Coloradoans seeking to dissolve a marriage must provide certain information in the petition. In addition to other personal information – age, address, living children of the marriage, etc. — the petitioner must also indicate whether one spouse is currently pregnant. Technically, the UDMA requires that the petition indicate whether the wife is pregnant, and so in this respect the statute has not been updated to reflect same-sex or transgender marriages. But this simple requirement is important because pregnancy status affects other aspects of the divorce process.
Second Issue: Procedural Hurdles Involving a Pregnant Spouse
Pregnancy status presents a unique procedural issue for spouses who wish to obtain a divorce by “affidavit” alone. In other words, if spouses want to obtain a divorce decree without attending a hearing, this is allowed in Colorado, but pregnancy status complicates this situation. Under CRS 14-10-120.3(1)(a), divorce by affidavit is permissible only when (a) there are no minor children between the spouses, and (b) one spouse is not currently pregnant, or both spouses are represented by counsel (again, the language of the statute has not been updated to reflect alternative marital arrangements). So, if one spouse is pregnant, this complicates the process of obtaining a divorce via affidavit, although spouses can still achieve this outcome as long as they are both represented by counsel. Hence, there is no firm barrier against divorce via affidavit while pregnant, but there is an additional procedural hurdle.
Third Issue: There May Be Reasons to Delay Dissolution
Aside from these issues, another issue presented by a pregnancy during a divorce is that, ultimately, the birth of a child brings about a wide range of additional issues. When the child is eventually born, the parties will then need to sort out multiple things, including parenting time, child support, and parentage (if the child is born after the divorce is finalized). For these reasons, many parties may simply prefer to wait until the child is born to initiate the divorce, as the parties will need to go back to court – in some cases, many times – to resolve these other issues. In some ways, it may be accurate to say that waiting to initiate a divorce until the birth is generally beneficial, but that is not always true. Certain parties may have valid reasons to want the divorce initiated and finalized before the birth. But, in any event, parties certainly need to know that the birth of the child will present various substantive issues which will require more time in court.
Contact the Drake Law Firm for More Information
If readers would like to learn more about dissolving a marriage when one spouse is pregnant, the divorce process in general in Colorado, or any other related matter, contact one of the family law attorneys at the Drake Law Firm today by calling 720-410-6781.