Can You Get Divorced While Pregnant in Arkansas?

Can You Get Divorced While Pregnant in Arkansas?

You can file for divorce while pregnant in Arkansas. There is no state law that prevents you from starting the process. But finalizing the divorce is where Arkansas courts have historically imposed delays — judges are reluctant to sign a final decree when there is an unborn child whose custody, visitation, and support have not been addressed.

How Arkansas Handles Pregnancy in Divorce

Arkansas does not have a specific statute prohibiting divorce finalization during pregnancy. However, the Arkansas Code requires that the final decree resolve all issues related to children of the marriage, including custody, visitation, and child support. Since courts cannot issue enforceable orders for a child who has not yet been born, most Arkansas judges defer the final hearing until after delivery.

The extent of the delay depends on the county and the judge:

• In some counties, judges will finalize an uncontested divorce during pregnancy if both parties agree to reserve child-related issues for a post-birth hearing
• In others, the judge will refuse to sign any final order until the baby is born and paternity is confirmed
• If paternity is disputed, the delay is almost certain — genetic testing cannot be ordered until after birth

The Waiting Period

Arkansas requires a 30-day waiting period after filing before the divorce can be finalized. This waiting period runs concurrently with the pregnancy, so it does not add extra time beyond what the pregnancy delay already creates.

For an uncontested divorce filed early in pregnancy, you may be waiting six to eight months for finalization — the length of the remaining pregnancy plus a few weeks for post-birth scheduling.

What You Can Do Before the Birth

While the case is pending, Arkansas courts can issue temporary orders covering:

• Temporary spousal support (alimony pendente lite) based on need and the other spouse's ability to pay
• Health insurance protection — the filing does not automatically terminate coverage, and you can request a court order requiring your spouse to maintain coverage through delivery
• Exclusive use of the marital home if remaining together creates conflict
• Protective orders if domestic violence is a concern — these are available through a separate filing and are not dependent on the divorce timeline

Property Division Proceeds Normally

Arkansas is an equitable distribution state, meaning marital property is divided fairly (not necessarily equally). The property division portion of your divorce can proceed during pregnancy — discovery, appraisals, and negotiation do not depend on the child being born.

Getting property division resolved during pregnancy means the final hearing after birth only needs to address custody and child support, which speeds up the post-birth timeline significantly.

Paternity in Arkansas

Arkansas follows the marital presumption: a child born during the marriage (or within 300 days of the divorce) is presumed to be the husband's child. If the husband is the biological father, this simplifies things — custody and support are incorporated into the final decree.

If someone else is the biological father, the presumption must be rebutted through:

• An Affidavit of Non-Paternity signed by the husband
• A Voluntary Acknowledgment of Paternity signed by the biological father
• Or court-ordered genetic testing after birth

Having these documents prepared before delivery ensures the correct father is listed on the birth certificate from the start.

Preparing Your Case

Use the pending period to organize your financial records, draft a proposed parenting plan for the newborn, and document all pregnancy-related medical expenses. Family attorneys in Arkansas average $200 to $275 per hour — arriving at your first consultation with organized documentation reduces billable time significantly.

The Divorce While Pregnant Guide includes checklists for the filing process, expense tracking worksheets, and step-up parenting plan templates that work within Arkansas's equitable distribution framework.