Can my son get a divorce in one state if his wife is in another?

My son has been married for 1 year and him and is wife came back to visit but when he went back she didn’t go with him. Also, she is 22 weeks pregnant but he doesn’t think it’s his. Can he also get a DNA while she is with child?

Asked on August 2, 2012 under Family Law, New York

Answers:

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

Answered 8 years ago | Contributor

Yes, your son can file for divorce in the state in which he resides (as long as he meets the residency requirements) even if your daughter in law does not reside there.  The child will be assumed by the court to be a child of the marriage unless proven otherwise.  Requesting a DNA test prior to birth is possible but it can not put the unborn child at risk. Have him speak with an attorney in his state.  Good luck.

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

Answered 8 years ago | Contributor

Yes, your son can file for divorce in the state in which he resides (as long as he meets the residency requirements) even if your daughter in law does not reside there.  The child will be assumed by the court to be a child of the marriage unless proven otherwise.  Requesting a DNA test prior to birth is possible but it can not put the unborn child at risk. Have him speak with an attorney in his state.  Good luck.


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