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divorce during pregnancy

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volsfan75

Junior Member
What is the name of your state (only U.S. law)? Arkansas
My wife and I are seeking a divorce, filing together, without attorneys. We have been told that Arkansas will not grant a divorce while she is pregnant. We have been separated for over a year, and the child is not mine. If this is true, could someone point me to where the law states this. I have looked for days, and have found no provision which would prevent us from filing.
 


ecmst12

Senior Member
The divorce can't be finalized until the baby is born, and LEGALLY it will be yours until you go to court to disestablish paternity.
 

swalsh411

Senior Member
I think you can file in most states but it's judicial discretion whether or not it will be finalized before paternity is established. But I only basing this on what happened to my brother and some googling.
 

Ohiogal

Queen Bee
I think you can file in most states but it's judicial discretion whether or not it will be finalized before paternity is established. But I only basing this on what happened to my brother and some googling.
Paternity is established because the couple is MARRIED. Hence OP is legal daddy until paternity is DISESTABLISHED by the court.
 

cyjeff

Senior Member
Yup, that is why the divorce decree will be delayed until after the birth.

That way, the child will have a father and mother from day one. the husband then gets to wrangle the "that kid ain't mine" rodeo.
 

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