Can a pregnant women get a divorce in indiana if the babys not her husbands?

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Can a pregnant women get a divorce in indiana if the babys not her husbands?

My husband and I separated 5 months ago. He has since been in jail for 4 of those months. I recently started seeing someone and found out I am pregnant with their not my husband child. My husband put me thru hell and I just want it to be over. Can a judge finalize my divorce before the baby is to be born?

Asked on December 2, 2016 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You certainly can divorce your husband: your state has "no fault" divorce, which means either spouse can divorce without having to prove fault or wrongdoing on the other spouse's part, simply by telling the court that the marriage is "irretrievably broken." You have to file for divorce in the courts and in theory, the divorce could be finalized as little as 60 days later, but it will take longer if there are issues which the court has to decide and needs hearings, evidence, etc. on (e.g. about earnings or finances, for example), and could be further delayed if one party--your husband--cannot attend court dates for a valid reason beyond his control--like incarceration. If your husband is in jail, then unless he just "signs off" on the divorce and doesn't fight over support or assets, then it is reasonably likely that the divorce will not be finalized until after the birth of your child. To maximize the chance of resolving the divorce more quickly than that, retain a lawyer to help you; the attorney will be better able to cut through the procedural issues and move this along than you, as a layperson, can.


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