Wife is pregnant by another man

[elewis]

I live in the state of Texas and my lawyer has told me that I can't get a divorce because my wife is pregnant. Now I have a paternity test proving that the child is not mine. Is there anything that I can do since this is the reason that I'm getting a divorce?

 

[Grandma B]

And you got the paternity test how?? Please tell us the mother and fetus were not put in harm's way to satisfy your needing to know prior to the birth.

 

[elewis]

It was not just my need to know. We both wanted to know.

 

[elewis]

Can someone help me with this issue?

 

[Ginger]

Now that y ou have proof that this child is not yours, I don't see any reason why you can't go forward with the divorce if that is what you want. Are there any other children involved in your marriage? How old are the two of you?

 

[elewis]

I'm 29 and she is 25. And we have two other boys.

 

[dorenephilpot]

In Indiana, a divorce won't be granted if the woman is pregnant because any paternity questions won't be answered until after the birth.

That's because judges and doctors don't favor pre-birth testing because of the risk involved.

However, if what you say is true -- that the answer is known through a pre-birth medical test -- I don't see any reason why you would have to wait.

The laws may be different in Texas, however.

 

[elewis]

Do you think the fact that the test was not court ordered maybe an issue?

 

[dorenephilpot]

I cannot imagine that a court would ever order that done.

And I doubt it would matter why you got the test done, just that you did, that you can show proof, and that neither of you disagrees with the results.

I would say you can ask the court if you can proceed, under your unique circumstances. It'll be up to the judge to decide.

It's possible the judge will say no, that you must wait anyway. Why? Because the court won't want to encourage people to go out and have the testing done pre-birth in order to get the divorce sooner.....

 

[elewis]

Thanks, I really appreciate your help.