Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you have been separated for a year, are you the biological father of the child? If not, you need to file for divorce immediately; otherwise, you may end up being financially responsible for a child that is not yours. Even if you are the biological father, there is no reason why you cannot file for divorce now. I would definitely request a DNA test though to be certain you are the father.
Answer Applies to: Florida
Beaulier Law Office | Maury Beaulier
You may commence a divorce by serving and filing a Summons and Petition for Divorce setting out the facts and the relief you are requesting in the divorce proceeding. Although you may file when your spouse is pregnant, custody and child support issues cannot be determined until the child is born. that often means a delay to finalizing the divorce.
Answer Applies to: Minnesota
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Separated for a year, but she is pregnant. so it is not your child? or is it? In any case, yes, you can get a divorce even if she is pregnant. There is a lot to deal with, and you should get some legal advice.
Answer Applies to: New Jersey
Horizons Law Group, LLC | Michelle B. Fitzgerald
You can file now, but the process is not able to be completed until the child is born to allow you to declare if you are or are not the father. If not, blood tests and such will need to be ordered - generally a separate paternity case, or at least a guardian ad litem appointed for the child to tell the court if it is in the child's best interest to be named (or not) as part of the marriage. It is quite a process, but if it is your child, then you don't need the blood test or the GAL.
Answer Applies to: Wisconsin
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
You can file for a divorce even if your spouse is pregnant. However, In Washington state, the court will not grant a final Decree of Dissolution until the child is born and the paternity of the child is established as part of the marriage dissolution process.
Answer Applies to: Washington
Law Office of Lenore Tsakanikas, PLLC | Lenore Tsakanikas
You can file for divorce even if your wife is pregnant. Under Arizona law, even though you are separated, there is a presumption that you are the father of the unborn child. Paternity, custody, and parenting time of this child would be addressed during the dissolution process.
Answer Applies to: Arizona
Michael Apicella | Apicella Law and Mediation
There's no legal requirement to wait for your child to be born before filing a divorce petition. However, practically speaking, it may be wise to wait until after your child's birth before filing for divorce. For instance, it's one less thing to deal with or cause stress to both spouses. Also, you said that you've been separated for more than a year, so waiting another few months to file for divorce may not make a difference when all is said and done with the divorce. There's also the consideration that you want a healthy child birth, thus best not to increase stress on the mother while she is pregnant.
Answer Applies to: California
Goddard Wetherall Wonder, PSC | Brook Goddard
You can file for divorce at any time that you wish, as there is no defense (e.g. pending pregnancy) to a divorce. You don't have to wait until the child is born. The paternity of the child will simply need to be determined during the proceedings.
Answer Applies to: Washington
Marca Tanner Attorney at Law | Marca Tanner
You can file for divorce if your wife is pregnant, so long as the documents recognize that she is pregnant and set forth child support for that baby following its birth. It's a bit of a pain from a practical/document drafting perspective, but there isn't a law that says you cannot file when your wife is pregnant. There IS a law that says that in cases where children are born to the mother and father after the entry of the decree of divorce that the decree can be modified to add child support [UCA 30-3-5(4)]. Given that you already know she will be having your baby, save yourself some time and just address child support, custody, visitation, etc., in the original complaint.
Answer Applies to: Utah