Will I be able to still file for divorce and finalize it before the baby comes? Can my baby take my boyfriend’s last name? 12 Answers as of January 14, 2013

I am currently separated from my husband since June 2012. I have not been able to file for divorce due to financial needs. I have been dating a guy for the last few months and just found out I am 16 weeks pregnant. My future ex-husband and I have no child and no property together. Before we split up, we were living at my parent’s house for 3 years.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
In Texas you cannot complete a divorce while you're pregnant. The child has to be born, so no, you may not complete the divorce before the baby comes. You may file, you may get the case ready and let all time lines run but you cannot finish it until the child is born. At that time, the boyfriend is adjudicated father and you can get both divorceand no child of the marriage, and custody papers (if you want them) on the same day.
Answer Applies to: Texas
Replied: 1/14/2013
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
You can file, but not finalize, the divorce before the baby is born.
Answer Applies to: Ohio
Replied: 1/14/2013
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
If the child is born while you are still married, or within 300 days after a divorce, your husband will be the presumed legal father of the child. That presumption can only be changed by a court order ruling that he is not the father and that someone else is. The sooner you file for the divorce, the easier that might be to accomplish.
Answer Applies to: Colorado
Replied: 1/14/2013
Law Office of Lynda H. LeBlanc
Law Office of Lynda H. LeBlanc | Lynda Leblanc
Call a local attorney, as the answers to your questions vary from judge to judge. Your boyfriend should sign the paternity affidavit at the hospital at birth, otherwise your husband will be the legal father if the divorce isn't final. Then you'll have to go through the courts to establish paternity.
Answer Applies to: Indiana
Replied: 1/11/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
The timing is dependent on how much your husband wants to fight. He may also request a DNA test to determine if he is the father. If he is, that will probably delay things.
Answer Applies to: Idaho
Replied: 1/11/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You might be able to get this done but a divorce can take about one year. So, there is a possibility that it will not be done before the birth of your child. Now, if you and your ex husband agree on all terms, you could do an uncontested divorce and it is possible that you can finish it before your child is born.
    Answer Applies to: California
    Replied: 1/11/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    I can't tell you whether the case can be final before the baby comes; however, the best case scenario, assuming you and your husband agree on any issues related to the divorce, is approximately 90 days from filing to final. I recommend you consult with an attorney to discuss this matter in greater detail.
    Answer Applies to: Arizona
    Replied: 1/11/2013
    Tebano & Associates, PLLC
    Tebano & Associates, PLLC | Maria C. Tebano
    You will be able to file for divorce under irretrievable breakdown. Whether your divorce is finalized before your child is born, depends on whether your husband contests the divorce and the court dockets. Since the child was conceived during the marriage, there is a rebuttable presumption that the child is that of your husband. You can overcome that presumption by having a paternity test taken to establish that your boyfriend is the father. Yes, you can put your boyfriend on the birth certificate.
    Answer Applies to: New York
    Replied: 1/11/2013
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    No, because you are currently pregnant, you will not be able to finalize a divorce proceeding until after the child is born.
    Answer Applies to: Wisconsin
    Replied: 1/11/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Most Wisconsin judges will want to suspend the divorce proceedings once started in order to establish the paternity of the child, which generally requires a separate proceeding. So your best bet is probably to await the birth of the child, be certain that the bf acknowledges paternity in a way which sticks (and that he knows he will have to pay child support until the child is 18 or even a bit longer), and that start the divorce. Or you could start the divorce, state in the Petition that you are pregnant, and see if the Judge suspends proceedings in order to get a formal paternity determination.
    Answer Applies to: Wisconsin
    Replied: 1/11/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    In California, your husband is the presumed father of your child. If you have not yet filed for divorce and served your husband with the papers, it is too late to be divorced by the time the baby comes if you are already 4 months pregnant. The required waiting period after filing and serving the papers is six months and one day. You should consult a lawyer in your area about what you will need to do to make sure the right man is legally made the child's father.
    Answer Applies to: California
    Replied: 1/11/2013
    Mary W Craig P.C. | Mary W Craig
    You can file, but a court will not grant your divorce until after your child is born, and your current husband will be the presumptive father of your child. You will have to establish paternity in your boyfriend and release your soon to be ex-husband from any responsibilities as to your child.
    Answer Applies to: Alabama
    Replied: 1/11/2013
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