If my husband and I are planning to get a divorce and I am currently 5 months pregnant but it is not his child, can we still divorce?

We plan to divorce and i am pregnant but it is not his child. I have been told that we would not be allowed to get a divorce while I am pregnant; the paternity issues and child support would have to be worked out first. However, we are both well aware that it is not his and neither one of us wishes to pursue child support. So would it be OK to go ahead with the divorce anyway?

Asked on July 14, 2012 under Family Law, Texas


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

The advice you were provided informing you that you can't obtain a divorce while you are pregnant is completely false.  You absolutely can proceed with your divorce action.  If the child is not your husband's then there is no child support issue in your divorce action, as long as you don't have any children with your current husband.  If you do have children with your current husband, then the issues of child support and custody would be addressed in your divorce action.  

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