available 24/7
contact me today
Pregnancy is a deeply personal and emotional time, and facing the end of a marriage during pregnancy can make an already difficult situation feel even more overwhelming. Many expectant mothers in South Carolina wonder whether they can move forward with divorce before their child is born. While the law does not prohibit divorce during pregnancy, there are unique challenges and considerations that must be addressed. Understanding how South Carolina courts approach these cases can help you prepare for what to expect.
South Carolina does not have a statute that prevents a divorce simply because one spouse is pregnant. If the marriage has broken down, either spouse has the right to file for divorce. However, the court must address certain issues connected to the unborn child before finalizing the divorce. These matters usually involve establishing paternity, creating child support arrangements, and preparing for custody decisions once the child is born.
This means that while filing for divorce during pregnancy is possible, the process may take longer than a typical divorce. Judges want to ensure that the child’s interests are fully protected, which can delay the final decree until after the birth.
One of the first legal issues in a divorce during pregnancy is paternity. South Carolina law requires that both parents provide support for their children. When a married woman is pregnant, the law presumes that her husband is the father of the child. If both spouses agree, this presumption will usually stand without question. However, if paternity is disputed, the court may order DNA testing after the child is born to confirm the biological father.
This step is important because child support, custody, and visitation rights all depend on paternity being legally established. Without clarity, the court cannot issue enforceable orders. A divorce lawyer can guide you through the paternity process and help protect your parental rights whether you are the mother or the father.
In every South Carolina divorce involving children, the court must consider custody, visitation, and child support. When a divorce is filed during pregnancy, the court cannot make final orders on these issues until the child is born. This is because custody arrangements and support obligations are based on the child’s needs, which cannot be fully determined before birth.
However, judges often include provisions in the divorce proceedings to ensure that these matters will be addressed promptly once the baby arrives. For example, the court may schedule follow-up hearings or require additional filings after the child’s birth. In some cases, temporary support may be ordered to assist the mother with medical expenses and living costs related to the pregnancy.
South Carolina allows both “fault” and “no-fault” divorces. In no-fault divorces, spouses must live separately for at least one continuous year before the court will grant a divorce. In fault-based divorces, such as those involving adultery, cruelty, or desertion, the court may proceed more quickly. Pregnancy itself does not affect the grounds for divorce, but it may impact the timeline because the court needs to address child-related issues before finalizing the case.
For example, if the spouses file for a no-fault divorce and are already separated, they may be eligible for a divorce decree once the one-year separation is satisfied. However, if a child is expected, the court may wait to finalize the decree until paternity and child support are addressed. This additional step often makes divorces during pregnancy take longer than divorces without children involved.
South Carolina courts place a strong emphasis on protecting the best interests of the child in any divorce. Judges want to ensure that the child has financial stability, access to healthcare, and a safe living environment. This means that custody and support orders must be tailored to meet the child’s needs from birth onward. Even if the divorce is granted during pregnancy, the court may require modifications once the baby is born to reflect the child’s specific circumstances.
For parents, this can feel frustrating, but it is intended to protect the child’s welfare. Working with an attorney helps ensure that your rights are respected while also creating a framework that provides stability for your child.
Divorcing while pregnant can be emotionally draining and legally complicated. Questions of paternity, financial support, and custody add extra layers of stress to an already challenging process. Having an experienced attorney ensures that nothing is overlooked and that your rights are fully protected during the proceedings. A lawyer can help you file correctly, prepare for hearings, and anticipate the court’s concerns about the unborn child.
At Sarji Law Firm, we represent individuals facing divorce during some of the most difficult times in their lives. Our divorce and family law attorneys understand how South Carolina courts approach cases involving pregnancy, and we are prepared to guide you through every step with compassion and skill.
While pregnancy adds complications to the divorce process, it does not prevent you from pursuing a divorce in South Carolina. Courts will allow the case to proceed, but additional steps must be taken to address paternity, child support, and custody. These issues may extend the timeline, but with the right legal support, you can protect your rights and prepare for a stable future for both yourself and your child.
If you are pregnant and considering divorce in Charleston or anywhere in South Carolina, you do not have to go through it alone. To learn more about your options and how we can help, contact us today. Our team is ready to answer your questions, protect your interests, and stand by you during this important transition in your life.
