Can a pregnant woman divorce her husband? 21 Answers as of January 28, 2014

I’m pregnant and it’s not my husbands. We have been separated for over a year. I have just been waiting for income tax to pay for a divorce, so now I'm pregnant and need to know.

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Ronald Main & Associates | Tracian M. Laignel
In Oklahoma a pregnant individual may not obtain a divorce until after the child is born. I would have your husband sign a denial of paternity affidavit and if you know who the father is, have him sign an acknowledgement of paternity affidavit.
Answer Applies to: Oklahoma
Replied: 1/28/2014
Law Offices of Lauren H. Kane | Lauren H. Kane
Your pregnancy does not prevent you from securing a divorce.
Answer Applies to: Pennsylvania
Replied: 1/28/2014
Ginsberg & Associates | Jacob Ginsberg
The court will not want to finalize divorce until child is born. There may be some exceptions to this rule. Please call a lawyer to discuss.
Answer Applies to: Texas
Replied: 1/27/2014
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
It depends on the Judge. Some will allow you, husband, and the biological father of the child to testify to rebut the assumption of paternity by husband. Some will require you to wait until birth and provide an approved DNA test. Your best bet is to consult with a local attorney about your options.
Answer Applies to: Nebraska
Replied: 1/24/2014
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Yes, you can file for divorce even if you are pregnant. The husband should sign and file an Affidavit of Non-Paternity and the biological father should file an Affidavit of Paternity. You should consult with and retain an attorney to assist you.
Answer Applies to: Florida
Replied: 1/24/2014
    John Russo | John Russo
    Yes, but the presumption will be that your spouse is the legal father, no matter what you allege, this can be fixed so here is hoping that you have a very, very large income tax refund coming, and you have spoken to and retained a good divorce attorney.
    Answer Applies to: Rhode Island
    Replied: 1/24/2014
    Law Offices of Frances Headley | Frances Headley
    Your pregnancy does not impair your ability to get a divorce. Just be clear about your date of separation and the fact that your soon to be ex is not the father of the child.
    Answer Applies to: California
    Replied: 1/24/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Yes, you can.
    Answer Applies to: Idaho
    Replied: 1/27/2014
    The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
    There is no impediment to obtaining a dissolution even if you are pregnant. However, your filings with the court will have to indicate that you are pregnant. The general rule is that a child conceived during the marriage is a child of the marriage. That presumption may be overcome by testimony and evidence. You should consult with an experienced family law attorney to assist you with your dissolution matter.
    Answer Applies to: Arizona
    Replied: 1/24/2014
    Buchanan Law & Mediation Center | Terry Anne Buchanan
    Yes you can obtain a divorce despite your pregnancy. An issue will arise as to the child's father which can he quickly resolved upon birth as a child conceived during a marriage is presumed the child of the married couple. That determination is clearly significant when addressing child custody and support issues.
    Answer Applies to: California
    Replied: 1/24/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Your pregnancy does not preclude you from starting a divorce.
    Answer Applies to: California
    Replied: 1/24/2014
    Diane l. Berger | Diane L. Berger
    You can certainly start the procedure. Some Judges will not let you complete the process until after the birth of the child so that paternity can be established.
    Answer Applies to: Nebraska
    Replied: 1/24/2014
    The Law Office of James P Peterson
    The Law Office of James P Peterson | James P Peterson
    You can file for divorce and get temporary orders. Texas courts usually do not grant divorces to pregnant women. However, after the baby is born you can complete the divorce and have a finding in the order that the child is not a child of the marriage.
    Answer Applies to: Texas
    Replied: 1/24/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes there is no prohibition against Divorce due to pregnancy
    Answer Applies to: Georgia
    Replied: 1/24/2014
    Peyton and Associates | Barbara Peyton
    Yes you can. Pregnancy does not affect your right to file for divorce.
    Answer Applies to: California
    Replied: 1/24/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Yes you can get a divorce. Your pregnancy is irrelevant. But if the baby is born during the marriage the husband will be the presumed father.
    Answer Applies to: California
    Replied: 1/24/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    In Ohio, they may let you get the divorce if you are pregnant. However, they will want the father of the child to show up at court to testify that he is the father of the child. Otherwise, they will put down that your husband is the father, and I am sure he will not agree to that.
    Answer Applies to: Ohio
    Replied: 1/24/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Yes, a pregnant woman can divorce her husband. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Both you and your husband will have to agree on Mediation, but can save time and money. Think about it.
    Answer Applies to: Florida
    Replied: 1/24/2014
    Ezim Law Firm | Dean Esposito
    Yes, you can file for divorce at any time. Even though you husband is not the father of your unborn child, pursuant to Louisiana law, he is presumed to be the father and will be listed as such on the child's birth certificate. There are measures that you husband and the biological father can take to remedy this situation.
    Answer Applies to: Louisiana
    Replied: 1/24/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    Yes. Not a problem. Being pregnant does not prevent you from filing for divorce. If the child is not your husbands then you will likely not be able to get spousal support nor will you get child support if it is proven the child is not his.
    Answer Applies to: Virginia
    Replied: 1/24/2014
    Borzilleri Law Office | Christine Borzilleri
    You can file for divorce at any time, however your husband will need to deny paternity of the child and the biological father will have to acknowledge paternity in the courts.
    Answer Applies to: Rhode Island
    Replied: 1/24/2014
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