Question: Is it legal to get a divorce in Ohio while pregnant?
Divorce under these circumstances is legal in Ohio, but it's apparently unlikely that a judge will allow it until the baby is born.
The reasoning is that there are certain issues regarding the child that cannot be resolved until the child is born (paternity, child support, custody, visitation, etc.).
The unborn child creates what are called "unresolved issues," and the courts don't like people returning with unresolved issues.
In your case, the child is not your husband's so it would seem that paternity, child support, custody, etc. are not an issue. However, it's unclear whether the courts would accept that as fact, even if both spouses claimed it to be true. The courts might require paternity testing (for the child's sake), and the testing might only be possible after the child is born.
A judge might be willing to grant divorce during the pregnancy if the husband is abusive; there was a famous case in Washington State involving this situation (the abusive husband was not the father but the judge wouldn't allow the divorce, which prompted a political response).
A possible advantage of remaining married during the pregnancy is the ability to stay on the husband's health insurance.
It is possible (but an extreme measure) to move to another state with divorce laws that allow for divorce during pregnancy, establish residency, and carry out the divorce there.
by Southern Gent
Click any of the links below to automatically search the given site for: Is it legal to get a divorce in Ohio while pregnant?