You can still be divorced. Your complaint will need to allege that your estranged husband is not the father for whatever reason (sounds like non-access). This is for both your benefit because both of you will want the final judgment to say he is not the father. Chances are he won't contest that. Assuming you are going to be the plaintiff you need to include that allegation in your complaint.
Answered on Apr 28th, 2014 at 8:51 AM