What will be the impact of a pregnancy on the divorce process and time?

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What will be the impact of a pregnancy on the divorce process and time?

My husband filed for divorce few months ago; I never took part in the divorce process. I became pregnant 2 months ago and it is his child. I plan to inform the court about the pregnancy.

Asked on August 12, 2011 California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have not divorced yet (the divorce is not final), most states have the law that a child conceived during wedlock is assumed to be that of the husband. Unless your spouse decides to push for a paternity test, you are wise to bring this up during the divorce process, keeping in mind California is a community property state. Community property means half of everything is yours if acquired or commingled during marriage. It will undoubtedly increase the divorce process in terms of time and possibly in terms of expense, because a few items need to be addressed. Those items include child support, custody, medical coverage, naming children as beneficiaries on any retirement plans or bank accounts and other issues that arise by the sheer virtue of having a child.

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

Answered 9 years ago | Contributor

I am sorry for your situation but congratulations on the baby.  First let's start from the beginning.  There is a general rule that a child born during a marriage is considered to be a child of the marriage.  In other words, it is considered to be a child of the husband and the wife until proven otherwise.  If it is your husband's baby then it does nothing to "slow down" the divorce process other than to require the filing of additional paperwork and child support and visitation plan.  Sometimes known as a parenting plan.  I would take the first step and try and determine if the child is your husbands.  Then go from there.  Good luck.  . 


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