What to do if my wife and I have been seperated for several months and she recently informed me that she is pregnant and that I’m not the father?

I already knew. With her being pregnant, can I start the divorce process or do we have to wait until the child is born? Does my insurance have to cover any of the medical bills associated with this pregnancy also? I live in a no fault state.

Asked on September 21, 2012 under Family Law, Indiana


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

Answered 8 years ago | Contributor

I am so sorry for your situation.  Yes, you can start divorce proceedings now.  You do not have to wait until the child is born. However, there is an assumption that a child born during a marriage is a child of the marriage so affidavits of paternity and non-paternity should be executed as well.  Now as for insurance, the law does not require that you keep insurance on your spouse.  But you situation is unknown to me and to answer that question one may need to look beyond "the law."  Good luck.

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