QUESTION
Can a husband divorce his wife if she is pregnant?
Asked on Mar 16th, 2014 on Divorce - Wisconsin
More details to this question:
1. Didn't know until after they separated. 2. There was very strong signs of the wife cheating but no evidence. 3. The wife didn't waste any time before letting everyone including her husband know that she was seeing and sleeping with another man. 4. The wife is still with this other man and still married to her husband.
7 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Parties may be divorced at any time. Be aware that Florida statutes create a presumption that the husband is the Father of any child for child support purposes.
Answered on Mar 18th, 2014 at 11:27 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can file and when the child is born ask for a DNA test to show whether or not you're the father.
Answered on Mar 18th, 2014 at 5:26 AM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: You can institute a divorce even if the other party is pregnant. You can raise the issue of paternity in that action.
Answered on Mar 17th, 2014 at 4:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure he can. There is nothing in the law that would prohibit that.
Answered on Mar 17th, 2014 at 12:16 PM
Yes. Being pregnant will not invalidate a divorce. Consider Mediation. Mediation is Fast, Effective and Affordable, but BOTH people will have to agree before it can be done. You also might want to consider Marriage Counseling. Good luck.
Answered on Mar 17th, 2014 at 12:06 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The husband can absolutely file for divorce. It might not be completed until after the child is born so the child's paternity can be established and the husband, if not the father, will not be required to pay child support.
Answered on Mar 17th, 2014 at 10:53 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, paternity needs to be established before a divorce can take place as the child is presumed to be the husband's until or unless a court says otherwise. .
Answered on Mar 17th, 2014 at 10:37 AM