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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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