Is it possible to get a divorce before a baby is born?

I’m married but I have separation papers dated as of 5 weeks ago. We have a 4 year old son together. I recently found out I was pregnant and know it is not my husband’s baby because he is no longer in the picture.

Asked on August 2, 2012 under Family Law, Virginia


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

Answered 8 years ago | Contributor

Yes, you can.  being pregnant does not preclude you from being aboe to get a divorc  However, be aware that under the law a child born during a marriage is considered a child of the marriage.  So please speak with your attorney about what you will need in the form of affidavits for your husband and the father.  Affidavit of Paternity and Non Paternity. Good luck.

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