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?

UPDATED: Dec 18, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 18, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 10 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption