I have been married since 2005/06. My spouse and I have been separated and living separate since about 2011 and have 2 minor children together whom currently reside with him. Since 2011 we have both moved on with our separate lives. he currently has a girlfriend whom is pregnant by him and resides with him and i currently reside with my boyfriend whom i am pregnant by. We are looking into a dissolution being as we are agreeing on everything from child custody to assets and finances etc. My question. how would this work being as I am pregnant by another man and he has another woman pregnant?
The answer to your question can only come from the judge who will hear your case. I suggest that you consult with an attorney in your jurisdiction (county) on this issue. There is no statutory prohibition to the granting of a divorce of dissolution if you are pregnant but the judge may refuse to do that. There are some creative ways, though, to attempt to convince the judge to grant the divorce or dissolution even though you are pregnant at the time, but, in the end, whether this can be done will be up to the judge hearing your case.
ORC 3111.03 states that for any child born during the marriage or that is born within three hundred days after the marriage is terminated the man that is married to the child's mother is presumed to be the father. In order to change this, after the child is born, you will have to challange that presumtion of paternity. This is done by filing a Complaint in court and having a genetic test performed.
As for the child you spouse is having with his girlfriend, unless she too is still married, her will be the "father" of that child only after he or his girlfriend establish paternity through affidavit, genetic testing or court order.
As for the dissolution you and your spouse can still do that with you being pregnant.
For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com
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