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Pregnant during divorce

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mbilar1

Junior Member
What is the name of your state? Missouri

My wife and I are in the middle of a divorce. She could be pregnant. If she opts to have the baby, what happens to the divorce? If the child is mine, can the divorce proceed? If the child is NOT mine, can the divorce proceed? Can paternity be determined in utero?
 


rmet4nzkx

Senior Member
The divorce continues pregnancy or not unless you two decide to reconcile.
Paternity can be done once the child is born and appropriate orders issued.
A DNA test can be done after birth or if the mother is having CVS to Amnio testing for medical reasons, paternity can be established prior to birth. If your decision to divorce is dependent on determining paternity I would suggest that you two get some counseling and delay the divorce until after you have the baby and keep the stress down during the pregnancy for the sake of the child who ever the father is. That means continuing medical insurance and support.
 

Ambr

Senior Member
One of the top questions you have to answer when filing for a divorce --- are you currently pregnant. (That question is a jinx, I am telling you!! LOL!!) I remember telling my lawyer - God NO!!! And calling back within 2 weeks crying my eyes out. :eek:

It is hard for a divorce to be heard if there is a pregnancy happening. For one, if you are the provider of insurance that insurance has to be maintained. (If she goes on public assistance, it is a guarantee that the state will make you maintain the insurance.) Your half for cost of medical bills during the pregnancy, etc.

You don't say right out that you aren't the pop, but from your post it sounds like you may have a doubt. Missouri has that your married, your pop until you prove different attitude.

From my personal experience, and a few other cases I am familiar with, judges don't like to divorce people until after the child is born. Odds are good that you could obtain a legal seperation and decide everything else at that point, but I wouldn't be in a hurry on that divorce.

Hope I am wrong, but they made us wait our daughter out. (Our divorce was in Missouri)
 
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Kansas4me

Member
Actually a judge can refuse to sign the divorce papers until after the child is born. My aunt went through this. She had everything filed and the divorce was about to be finalized when the judge found out by the soon to be ex husband that she was pregnant. He halted everything until after the babies were born so that paternity could be established. (This was in Missouri) you may want to check with a lawyer because I have been told that in Missouri it is required to wait until after the baby is born.
 

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