QUESTION

Can I get divorced while pregnant if it's not his baby?

Asked on Sep 28th, 2015 on Divorce - Illinois
More details to this question:
I've been separated from my husband for 3 years, he is incarcerated and I have absolutely no contact with him since 2013. I filed for divorce in June 2015 and shortly after found out I'm pregnant, this is not his baby, I've been in a serious relationship with my boyfriend for 3 years, I just want to be rid of this marriage so I can move on with my life, please tell me I can still be divorced?
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1 ANSWER

There is a legal presumption that the baby is his. The real father has to step up to the plate and ask that the court declare him to be baby's dad. Courts to not like to have a baby without a father especially when Mom is married.
Answered on Oct 01st, 2015 at 11:56 AM

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