CanI get divorced if I’m pregnant by someone other than my spouse?

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CanI get divorced if I’m pregnant by someone other than my spouse?

I have been separated from my husband for 10 months. He left me becausehe said he wasn’t sure what he wanted. I started working and I met a guy who has been their for me through everything. We have been dating for 9 months and I’m pregnant by him but I am still legally married. My husband has another girlfriend as well and we were supposed to be divorced a long time ago. However he found out that I was pregnant and didn’t want to divorce me anymore because he thought it might help his immigration case (he is aware of the baby not being his). I was wondering can we still get divorced while I’m pregnant.

Asked on August 17, 2011 Texas

Answers:

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

Answered 9 years ago | Contributor

Congratulations on the impending birth of your child.  You have a whole lot of issues going on here.  I am going to focus on the issue of the child and the marriage rather than the immigration.  Now, a child born to a married couple during the marriage is considered to be a child of the marriage until proven otherwise.  Can you get divorced while you are pregnant?  Yes, you can.  The law is not going to keep you tethered to someone legally in that situation.  And you can if you choose request a DNA test on the baby becuase the court will order child support as part of the divorce proceedings.  Get legal help.  Good luck with everything.


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