QUESTION
Divorce while pregnant with a baby that may not be my husband’s how will this affect my divorce?
Asked on Jan 17th, 2013 on Divorce - California
More details to this question:
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.
6 ANSWERS
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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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.
Answered on Jan 21st, 2013 at 12:23 PM
Commercial Contracts Attorney serving Boise, ID
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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.
Answered on Jan 21st, 2013 at 12:22 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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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.
Answered on Jan 21st, 2013 at 12:21 PM
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.
Answered on Jan 17th, 2013 at 9:14 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Divorce can go through while you're pregnant. Your husband could contest paternity and request a DNA test to try to get out of paying child support.
Answered on Jan 17th, 2013 at 9:13 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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If the baby is not your husbands, it will have no affect on the divorce from your husband, although I am sure he will want a paternity test. If the baby is your husbands, then you can still get divorced but there will be issues of custody, support, visitation and insurance. I hope this answers your question.
Answered on Jan 17th, 2013 at 9:13 PM