Is it Illegal to Divorce a Pregnant Woman in Louisiana?

by Teo Spengler

If your wife is pregnant, laws about whether you can divorce her before the child is born vary among the states, but no jurisdiction makes it illegal. In some states, the judge puts the divorce action on hold until the child is born. In others, including Louisiana, you can pursue the divorce.

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Pregnancy and Divorce

In some jurisdictions, the court has the option to continue or postpone a divorce case if the wife is pregnant. For example, Kentucky statutes state that the court may postpone the case until after the pregnancy. However, no state makes it illegal or criminal to file for a divorce from a pregnant wife.

Louisiana Divorce Law

Louisiana statutes do not make a wife's pregnancy an issue in the right to file for divorce. On the other hand, if you intend to file for a no-fault divorce in Louisiana, the state imposes a living-apart waiting period of 180 days, if the couple does not have minor children and 365 days if the couple does have minor children. The fact and timing of the pregnancy may affect the waiting period.