Divorce while pregnant with a baby that may not be my husband’s how will this affect my divorce? 15 Answers as of January 21, 2013

Can my divorce still go through while being pregnant? Here’s the issue I could be pregnant with a baby that is not my husband’s child how will this affect my divorce.

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Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
You may still divorce and reserve the issue regarding the custody of the child until after birth so that the identity of the father can be determined by DNA test. You need an experienced divorce lawyer.
Answer Applies to: Illinois
Replied: 1/21/2013
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
It should not affect your divorce but for the fact that if this child is not the husbands, then the husband cannot be ordered to pay child support or have custody if the biological father files a paternity action.
Answer Applies to: California
Replied: 1/21/2013
Law Office of Beth Jackson Day | Beth Jackson Day
It will affect child support and custody until the father is known. Otherwise it shouldn't have any effect.
Answer Applies to: Maryland
Replied: 1/21/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You must tell the court you are pregnant during the divorce proceeding. The court will have to award child support as part of the divorce decree. If you husband is not the father, then you should as part of the decree get an order telling the Bureau of Vital Statistics to put the proper person's name as the father.
Answer Applies to: Idaho
Replied: 1/21/2013
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
It should not really affect your divorce, except to the extent that the child will either be included, or not included. You need to determine who the father is, so that you know which way to proceed.
Answer Applies to: California
Replied: 1/21/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Most counties will not let the divorce go through until a GAL has been appointed to determine whether the child is marital or if it is in the best interest to have husband not adjudicated dad. Some counties won't do the divorce until a paternity has been filed.
    Answer Applies to: Wisconsin
    Replied: 1/21/2013
    Law Offices of John F. Nicholson
    Law Offices of John F. Nicholson | John F. Nicholson
    In California it is presumed that your husband is the father during a valid marriage. However, the child is not yet born and not yet part of the divorce proceeding. This complicates things considerably because it is uncertain who the father is. That should be determined before you conclude your divorce.
    Answer Applies to: California
    Replied: 1/18/2013
    Rivera Legal Group, PLLC
    Rivera Legal Group, PLLC | Victor Rivera
    The court cannot grant a divorce if you are pregnant. The divorce will be put on hold until the baby is born. The court is required to make sure all rights and duties for all children are covered in the divorce decree and this is why a pregnancy puts the divorce on hold.
    Answer Applies to: Texas
    Replied: 1/17/2013
    John Russo | John Russo
    Well lets put it this why, it won't help if it is not his child, but most jurisdictions are no fault statute states so in the end it will not mean all that much, but Judges are human so I doubt they will tilt your way on an issue that may be a close call, could happen. Also, the pregnancy does create a problem, because if there is an allegation that the child may not be your husbands, that will slow everything down, due to the fact that there will be a presumption that the unborn child was fathered by you'r husband, and until there can be a clear decision made on this issue there will be a problem. Is he aware of this fact i.e. That he may not be the father, and have you informed the other possible candidate.
    Answer Applies to: Rhode Island
    Replied: 1/17/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    You can go forward with your divorce even while you are pregnant; however, you will probably want to find out whether the baby is your husband's child so there can be appropriate orders entered regarding his parental rights and support obligation. If he is not the baby's father, he does not have these rights and obligations. If the baby was conceived during the marriage, the law presumes that he is the father. I recommend you consult with an attorney to discuss this matter in greater detail.
    Answer Applies to: Arizona
    Replied: 1/17/2013
    Divorce can go through while you're pregnant. Your husband could contest paternity and request a DNA test to try to get out of paying child support.
    Answer Applies to: California
    Replied: 1/17/2013
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    You cannot get a divorce without establishing paternity of all children. As a result, you cannot finalize the divorce until the child is born. You can file the divorce, however, just not complete it. Good luck.
    Answer Applies to: Texas
    Replied: 1/17/2013
    Law Offices of Pamela R. Lawson | Pamela R. Lawson, Esq.
    If the baby is not your husbands, it will have no affect on the divorce from your husband, although I am sure he will want a paternity test. If the baby is your husbands, then you can still get divorced but there will be issues of custody, support, visitation and insurance. I hope this answers your question.
    Answer Applies to: Nevada
    Replied: 1/17/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    Yes, you can still get divorced while pregnant. Your husband may seek to delay proceedings and to disclaim paternity since there is a presumption of paternity for a child conceived during the marriage.
    Answer Applies to: Nevada
    Replied: 1/17/2013
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