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I’m pregnant and it’s not my husbands. We have been separated for over a year. I have just been waiting for income tax to pay for a divorce, so now I'm pregnant and need to know.
13 ANSWERS
Civil Litigation Attorney serving Dallas, TX
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Ginsberg & Associates
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The court will not want to finalize divorce until child is born. There may be some exceptions to this rule. Please call a lawyer to discuss.
Answered on Jan 27th, 2014 at 4:55 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, you can.
Answered on Jan 27th, 2014 at 8:44 AM
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It depends on the Judge. Some will allow you, husband, and the biological father of the child to testify to rebut the assumption of paternity by husband. Some will require you to wait until birth and provide an approved DNA test. Your best bet is to consult with a local attorney about your options.
Answered on Jan 24th, 2014 at 5:21 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Yes, you can file for divorce even if you are pregnant. The husband should sign and file an Affidavit of Non-Paternity and the biological father should file an Affidavit of Paternity. You should consult with and retain an attorney to assist you.
Answered on Jan 24th, 2014 at 5:21 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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There is no impediment to obtaining a dissolution even if you are pregnant. However, your filings with the court will have to indicate that you are pregnant. The general rule is that a child conceived during the marriage is a child of the marriage. That presumption may be overcome by testimony and evidence. You should consult with an experienced family law attorney to assist you with your dissolution matter.
Answered on Jan 24th, 2014 at 2:59 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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Yes you can obtain a divorce despite your pregnancy. An issue will arise as to the child's father which can he quickly resolved upon birth as a child conceived during a marriage is presumed the child of the married couple. That determination is clearly significant when addressing child custody and support issues.
Answered on Jan 24th, 2014 at 2:59 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can certainly start the procedure. Some Judges will not let you complete the process until after the birth of the child so that paternity can be established.
Answered on Jan 24th, 2014 at 2:59 PM
Your pregnancy does not impair your ability to get a divorce. Just be clear about your date of separation and the fact that your soon to be ex is not the father of the child.
Answered on Jan 24th, 2014 at 2:59 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You can file for divorce and get temporary orders. Texas courts usually do not grant divorces to pregnant women. However, after the baby is born you can complete the divorce and have a finding in the order that the child is not a child of the marriage.
Answered on Jan 24th, 2014 at 2:58 PM
Yes you can get a divorce. Your pregnancy is irrelevant. But if the baby is born during the marriage the husband will be the presumed father.
Answered on Jan 24th, 2014 at 2:58 PM
Yes you can. Pregnancy does not affect your right to file for divorce.
Answered on Jan 24th, 2014 at 2:58 PM
Yes, a pregnant woman can divorce her husband. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Both you and your husband will have to agree on Mediation, but can save time and money. Think about it.
Answered on Jan 24th, 2014 at 2:57 PM
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Yes, you can file for divorce at any time. Even though you husband is not the father of your unborn child, pursuant to Louisiana law, he is presumed to be the father and will be listed as such on the child's birth certificate. There are measures that you husband and the biological father can take to remedy this situation.
Answered on Jan 24th, 2014 at 2:44 PM