CanI get divorced if I’m pregnant by someone other than my spouse?

UPDATED: Aug 17, 2011

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CanI get divorced if I’m pregnant by someone other than my spouse?

I have been separated from my husband for 10 months. He left me becausehe said he wasn’t sure what he wanted. I started working and I met a guy who has been their for me through everything. We have been dating for 9 months and I’m pregnant by him but I am still legally married. My husband has another girlfriend as well and we were supposed to be divorced a long time ago. However he found out that I was pregnant and didn’t want to divorce me anymore because he thought it might help his immigration case (he is aware of the baby not being his). I was wondering can we still get divorced while I’m pregnant.

Asked on August 17, 2011 Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Congratulations on the impending birth of your child.  You have a whole lot of issues going on here.  I am going to focus on the issue of the child and the marriage rather than the immigration.  Now, a child born to a married couple during the marriage is considered to be a child of the marriage until proven otherwise.  Can you get divorced while you are pregnant?  Yes, you can.  The law is not going to keep you tethered to someone legally in that situation.  And you can if you choose request a DNA test on the baby becuase the court will order child support as part of the divorce proceedings.  Get legal help.  Good luck with everything.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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