Can pregnancy affect a judge’s decision to proceed with a divorce if the child does not belong to the soon-to-be ex-husband?

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Can pregnancy affect a judge’s decision to proceed with a divorce if the child does not belong to the soon-to-be ex-husband?

My husband and I have been separated for over a year now and have both moved on to new relationships. Our divorce has finally been filed but I am pregnant now. Will this turn of events effect the judges decision to proceed with our divorce? My ex says I shouldn’t go to court so the process will go through. Is he pulling my leg?

Asked on December 18, 2011 under Family Law, Rhode Island

Answers:

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

Answered 9 years ago | Contributor

Yes, he is.  Being pregnant does not have an affect on your ability to obtain a divorce.  It will, however, require that you put in "extra" paperwork as to the pregnancy.  You see, a child conceived and born during a amrriage is considered to be a child of the marriage and the court will assume that child support is necessary as part of the divorce.  So you need to check what is required in your state as to Affidavits of paternity or Non-paternity as the case would be here.   Good luck.


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