Can I file a divorce even if my wife is pregnant? - Child Custody Law Questions and Answers- LawQA.com

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Can I file a divorce even if my wife is pregnant?

I would like to file a divorce but my wife is pregnant. Do I have to wait until the child is born to file for a divorce? We have been separated for more than a year. Will this affect the situation?

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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You can file, but you cannot complete the divorce until after the child is born. A paternity issue has to be made, this cannot be done until the child is born.

Answer Applies to: Texas
Replied: 11/29/2011

Answer By Joanna Mitchell
Joanna Mitchell & Associates, P.A.
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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
Replied: 11/29/2011

Answer By Maury Beaulier
Beaulier Law Office
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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
Replied: 11/29/2011

The Davies Law Firm, P.A.
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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
Replied: 11/29/2011

The Law Offices of Robert W. Bellamy
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Yes. But you can't get out of child support.

Answer Applies to: Alabama
Replied: 11/29/2011

Horizons Law Group, LLC
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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
Replied: 11/29/2011

Answer By Cathy R. Cook
The Law Office of Cathy R. Cook
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You can file for divorce, but the case cannot be completed until the child is born and paternity is determined.

Answer Applies to: Ohio
Replied: 11/28/2011

Answer By James Lentz
Law Office of James Lentz
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You may file a divorce now, but with a child an obvious product of the marriage, you really do need an attorney.

Answer Applies to: Ohio
Replied: 11/28/2011

Ashman Law Office
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Sure you can file (and you MUST have a lawyer, as you have a complex situation). It is unlikely a judge will let the case be completed until the child is born.

Answer Applies to: Georgia
Replied: 11/28/2011

Fredric H. Aaron, Attorney at Law, P.C.
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You can file for divorce at any time. The fact that your wife is pregnant should have no bearing on your divorce proceedings.

Answer Applies to: New York
Replied: 11/28/2011

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