The short answer is NO. In New Jersey a divorce can proceed and be finalized even if one of the spouses is pregnant.
Getting divorced or making the decision to separate from your spouse is difficult enough and the process is made even more difficult if the couple is expecting a baby. When one spouse is pregnant, the stress and sadness that accompanies splitting up can seem overwhelming.
It is well known that a divorce or separation will result in a parenting schedule or parenting plan for the children that are already born at the time of divorce or separation. There can be a variety of other issues which may arise in the event that one spouse is pregnant at the time the divorce starts or at the time the separation begins.
It is first important to note that a pregnancy will in no way prevent you or your spouse from filing for a divorce. Either party at any time may request that the process begin, even if they know they are pregnant. In other words, if you know you want to file for divorce, but know or believe that you or your spouse is pregnant, there is no legal requirement to delay simply because of that fact.
Moreover, if the child is of the marriage, the child will not be treated any differently under New Jersey law than those children who were born before the separation or divorce. The parties will still have to have a parenting plan and a child support order for the child. The non-pregnant spouse may very well be ordered to pay part of the birthing expenses and pre-natal expenses for the child.
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