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  1. #1
    volsfan75 is offline Junior Member
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    Apr 2006
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    divorce during pregnancy

    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.
  2. #2
    ecmst12 is offline Senior Member
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    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.
  3. #3
    swalsh411 is offline Senior Member
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    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.
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by swalsh411 View Post
    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    cyjeff is offline Senior Member
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    Sep 2008
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    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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