QUESTION
What can happen if I am pregnant with another man and divorcing my spouse?
Asked on Jan 15th, 2014 on Divorce - Idaho
More details to this question:
Me and my husband have not been living together for over a year and have not had physical contact. We do however have 2 children which we have joint custody. I am filing for divorce but just found out I'm pregnant by someone else. What are the consequences? And can I proceed with filing? The father is in the picture.
5 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
1. You will have a baby. 2. Current husband is presumed father. 3. Issue may be addressed in divorce case or by paternity case. 4. If current husband is unaware, this will get very messy, you need experienced family law attorney.
Answered on Jan 20th, 2014 at 9:34 AM
Personal Injury Attorney serving San Antonio, TX
at
Law Offices of James P. Peterson
Update Your Profile
As a part of the divorce proceeding obtain a finding from the court that your husband is not the father of that child. Usually a court will not grant a divorce until the child is born.
Answered on Jan 17th, 2014 at 10:08 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Sure you can file. Just be up front about it so that your soon to be ex- won't be on the hook for child support for the child that isn't his.
Answered on Jan 17th, 2014 at 6:57 AM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
There are two separate issues. You need a parenting plan as part of the divorce to allocate residential time and decision making authority for the two children of the marriage. You have to say you're pregnant by someone else. This other man can prove his paternity (DNA test) and your husband can deny it. This will establish parentage for the baby, impose the rights and responsibilities of parenthood and that man and release your husband from any responsibility for that child.
Answered on Jan 17th, 2014 at 6:57 AM
Yes, you can proceed with the filing. Your spouse will not have any obligations, support or otherwise, for a child that is not his, even if you are the mother.
Answered on Jan 17th, 2014 at 6:57 AM