Can a Person in the State of Kentucky Get Divorced if Their Wife Is Pregnant?

by Teo Spengler
A pregnant spouse can cause a Kentucky court to stay divorce proceedings.

A pregnant spouse can cause a Kentucky court to stay divorce proceedings.

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Kentucky law grants either spouse the right to end a marriage. You can initiate a divorce by filing a verified petition stating that the marriage is irretrievably broken, without assigning further blame or establishing fault. However, the timing of your divorce may be affected if your wife is pregnant.

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No Blame

All states offer no-fault divorces based on allegations of irreconcilable differences. Kentucky's no-fault dissolution procedure contains a legal twist, however, if one of the spouse's is pregnant.

Case on Hold

Kentucky courts have the option of putting the brakes on a divorce case if one spouse is pregnant. The statute provides that if the wife is pregnant at the time the divorce petition is filed, the court "may continue the case until the pregnancy is terminated." A case that is continued is simply put on hold; no action can be taken on the case. According to the Legal Aid Network of Kentucky, courts require that the spouses wait until the child is born even if the father of the child is not a party to the marriage.