Divorce while pregnant with a baby that may not be my husband’s how will this affect my divorce? - Divorce Law Questions and Answers- LawQA.com

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Divorce while pregnant with a baby that may not be my husband’s how will this affect my divorce?

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.

Answer By Kevin Bruning
Bruning & Associates, PC
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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: 1/20/2013

Answer By Abel Fernandez
Diefer Law Group, P.C.
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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: 1/19/2013


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It will affect child support and custody until the father is known. Otherwise it shouldn't have any effect.

Answer Applies to: Maryland
Replied: 1/18/2013

Peters Law, PLLC
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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: 1/18/2013

Answer By Diana K. Zilko
Diana K. Zilko, Attorney at Law
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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: 1/18/2013

Petit & Dommershausen SC
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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: 1/18/2013

Law Offices of John F. Nicholson
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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: 1/17/2013

Answer By Victor Rivera
Rivera Legal Group, PLLC
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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

Answer By John Russo

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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
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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

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