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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.