ABA Family Legal Guide

Family Law

Children

The Decision to Have Children

What if one spouse wants children and the other does not?

If one person in the marriage wants a child and the other does not, that could be a basis for a divorce. A disagreement on such a fundamental issue could be an irreconcilable difference under the no-fault divorce laws of most states. In states that have grounds for divorce based on someone being at fault, a disagreement on the question of whether to have children could be viewed as mental cruelty, and thus a basis for ending the marriage.

Beyond divorce, remedies are limited. The courts cannot force a pregnant woman to stop the pregnancy, nor does the law require a wife to have her husband's permission for an abortion.