Can my husband still divorce me even if I am pregnant? 24 Answers as of June 02, 2013

I'm 11 weeks pregnant with twins from my husband. He's in the army and has already gotten in trouble for a rumored affair. Hes cheating on me with a single soldier who OS aware of him being married and now she is also pregnant with twins. He's trying to divorce me so he won't get kicked out of the army. We've only been married 7 months so he doesn't want to pay alimony or spousal support. I'm not working but I am a college student. I have no family that I can go live with and I can't file for divorce my self because I can't pay for it. So if he files will I be able to show evidence of his affair and receive alimony or spousal support so I don't have to be stuck living with him until my babies are born or would I have to wait until after they are born. And I also want child support.

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Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
It is possible for your husband to file divorce proceedings while you are pregnant. However, you will be entitled to seek new maintenance and child support in the divorce proceedings.
Answer Applies to: Illinois
Replied: 11/28/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
Yes, I am sorry but he can. You have rights to protect yourself and the baby when the baby is born. Your husband should be obligated to pay chlid support and possibly spousal support. If you file for divorce, the Judge can order him to assist with pre-natal care. There might be an issue of exclusive occupancy of the marital residence that you can also request.
Answer Applies to: Nevada
Replied: 11/17/2011
Goddard Wetherall Wonder, PSC
Goddard Wetherall Wonder, PSC | Brook Goddard
Yes. Washington state is a no-fault divorce state and thus there is no defense to a party's petition to the Court for a dissolution (aka divorce). You may have a right to spousal support, child support, attorney fees, and other funds however.
Answer Applies to: Washington
Replied: 11/17/2011
AyerHoffman, LLP
AyerHoffman, LLP | Cara Lee Thompson
He can divorce you if you are pregnant, but please consult your state's statute to ensure that a divorce petition may be filed at this time (some states do not permit a filing where military personnel are serving overseas). Keep in mind that on your petition for divorce (you too can file and ask the filing fees to be waived based on indigency) you will need to indicate that you are pregnant and anticipated date of delivery. The court will keep this in mind when determining a child support order and also an order of support (although, an order for support for you (alimony) may be difficult where yours is a very short term marriage). Unless you file on grounds of adultery (and you will need to show proof of same), adultery is not taken into account by the court unless some of the marital funds or assets have been diverted away from the marriage and to the paramour of your spouse.
Answer Applies to: Massachusetts
Replied: 11/17/2011
Ruiz Law Group, P.C.
Ruiz Law Group, P.C. | Frances Ruiz
Unfortunately, yes. the fact that you are pregnant will not prevent a divorce. I think you should at least borrow the money to defend the divorce and have your lawyer then make an application to the Court for your husband to pay for the legal fees.
Answer Applies to: New York
Replied: 11/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes, he can pursue the divorce. But, there is no way he can avoid child support once the baby arrives and the divorce court can address some form of financial support for you - at least until child support kicks in. You really can't afford not to at least consult an attorney about how to proceed. In the mean time, you should contact his commanding officer to be sure he continues providing financial support until there is a court order.
    Answer Applies to: Colorado
    Replied: 11/16/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Your husband can file divorce while you are pregnant; however, the court can't enter orders regarding custody/parenting time or child support until after your babies are born. It is extremely unlikely that you would be awarded spousal support after such a short marriage (his infidelity is not relevant to this issue or to any part of the divorce since Arizona is a no-fault state).
    Answer Applies to: Arizona
    Replied: 11/16/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Yes, he can divorce you. No, you probably won't get any alimony or spousal support with such a short term marriage, and Yes, you'll receive child support once the babies are born. I would suggest dragging the divorce process out as long as possible so that you can stay on his insurance until after the babies are born.
    Answer Applies to: Florida
    Replied: 11/16/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Yes. You can get divorced while you are pregnant. However, it does add a few additional hoops that you have to jump through. The fact that your spouse is having an affair has no impact on property division nor upon maintenance. The statute says that the court is supposed to make a fair division of all of the debts and property without regard to marital misconduct. You have a short term marriage (7 months). Because of that it is unlikely that you will get much in the way of maintenance. Once the child is born, you will be entitled to ask the court to award child support.
    Answer Applies to: Washington
    Replied: 11/16/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Yes, he can still file for divorce. Yes, you will be entitled to child support when the children are born. Spousal maintenance (it's not called alimony anymore), because of your very short marriage, will probably be a non-issue, or very, very minimal if any. New York State is a no-fault state for divorce, so, no matter who is at fault (his affair), it doesn't matter. It has no effect on property, maintenance, child support, etc.
    Answer Applies to: New York
    Replied: 11/16/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    He can get a divorce, but that will not necessarily absolve him from paying child support. You have not been married long enough for spousal support to be an issue.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    Many factors go into your inquiry. You can still go through divorce if you are pregnant this will be a question the court will ask and consider in the process. As far as alimony, cheating is never a factor in the equation. Additionally, the length of marriage is very short term. I would recommend contacting the legal aide center of southern Nevada to get into contact with legal counsel. You may qualify for a pro bono attorney.
    Answer Applies to: Nevada
    Replied: 11/16/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    First, if you are in Texas, he can file, but he cannot complete the divorce while you are pregnant. Texas Law requires the court to find that the wife is not pregnant or expecting at the time of the divorce. So, if he serves you with papers, (giving them to you personally does not work, he has to file them, pay the court and have a process server give them to you) you need to write a letter to the court saying you deny every allegation in the petition and that you are currently pregnant and expecting twins. That letter alone is enough to put the divorce on hold. It will not stop the divorce but it will notice the court you are pregnant and the court cannot proceed until the pregnancy is over. Alimony is unconstitutional in Texas, so no, you will not get alimony. Temporary Spousal Maintenance is not a viable option with the operative facts you provided, unfortunately, you either have to be married 10 years or have been the victim of spousal abuse to qualify. You state the marriage is 7 months, and you did not mention spousal abuse (law requires it be actual physical violence, not mental or emotional). Accordingly, you will not get support for yourself after the divorce. You can and will get child support. You can leave him before the children are born, the law does not require you to live together if that helps any.
    Answer Applies to: Texas
    Replied: 11/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Yes.
    Answer Applies to: Washington
    Replied: 6/2/2013
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, he can.
    Answer Applies to: Virginia
    Replied: 6/2/2013
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Affairs are irrelevant in Ca. You can file & request alimony at any time.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If he is filing in California, there is no requirement to prove abandonment or adultery. In your response filing, you should also include a motion for child custody, visitation, child and spousal support.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    He can still file for divorce but you also get to reply and show the court the evidence you have. Also, there are usually self help centers where you can find the forms you need and you can usually ask the Court to waive the filing fee if you wanted to file it yourself.
    Answer Applies to: Arizona
    Replied: 11/15/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    Not for a 7 month marriage. Your lack of understanding of even the basic issues could lead to problems for you. Contact an attorney represent you.
    Answer Applies to: Michigan
    Replied: 11/15/2011
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