QUESTION
Will I be able to still file for divorce and finalize it before the baby comes? Can my baby take my boyfriend’s last name?
Asked on Jan 07th, 2013 on Divorce - Indiana
More details to this question:
I am currently separated from my husband since June 2012. I have not been able to file for divorce due to financial needs. I have been dating a guy for the last few months and just found out I am 16 weeks pregnant. My future ex-husband and I have no child and no property together. Before we split up, we were living at my parent’s house for 3 years.
8 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You can file, but not finalize, the divorce before the baby is born.
Answered on Jan 14th, 2013 at 12:41 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If the child is born while you are still married, or within 300 days after a divorce, your husband will be the presumed legal father of the child. That presumption can only be changed by a court order ruling that he is not the father and that someone else is. The sooner you file for the divorce, the easier that might be to accomplish.
Answered on Jan 14th, 2013 at 12:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The timing is dependent on how much your husband wants to fight. He may also request a DNA test to determine if he is the father. If he is, that will probably delay things.
Answered on Jan 11th, 2013 at 1:51 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Most Wisconsin judges will want to suspend the divorce proceedings once started in order to establish the paternity of the child, which generally requires a separate proceeding. So your best bet is probably to await the birth of the child, be certain that the bf acknowledges paternity in a way which sticks (and that he knows he will have to pay child support until the child is 18 or even a bit longer), and that start the divorce. Or you could start the divorce, state in the Petition that you are pregnant, and see if the Judge suspends proceedings in order to get a formal paternity determination.
Answered on Jan 11th, 2013 at 1:50 PM
Bankruptcy & Debt Attorney serving Brookfield, WI
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Elmbrook Law Offices, LLC
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No, because you are currently pregnant, you will not be able to finalize a divorce proceeding until after the child is born.
Answered on Jan 11th, 2013 at 1:50 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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In California, your husband is the presumed father of your child. If you have not yet filed for divorce and served your husband with the papers, it is too late to be divorced by the time the baby comes if you are already 4 months pregnant. The required waiting period after filing and serving the papers is six months and one day. You should consult a lawyer in your area about what you will need to do to make sure the right man is legally made the child's father.
Answered on Jan 11th, 2013 at 1:50 PM
I can't tell you whether the case can be final before the baby comes; however, the best case scenario, assuming you and your husband agree on any issues related to the divorce, is approximately 90 days from filing to final. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Jan 11th, 2013 at 1:50 PM
Call a local attorney, as the answers to your questions vary from judge to judge. Your boyfriend should sign the paternity affidavit at the hospital at birth, otherwise your husband will be the legal father if the divorce isn't final. Then you'll have to go through the courts to establish paternity.
Answered on Jan 11th, 2013 at 1:49 PM