If I’m about a month away from a divorce trial but found out that I’m pregnant, with can I still go through the divorce?

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If I’m about a month away from a divorce trial but found out that I’m pregnant, with can I still go through the divorce?

The baby is not my soon to be ex-husband’s.

Asked on March 25, 2012 under Family Law, Missouri

Answers:

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

Answered 9 years ago | Contributor

Congratulations on the baby.  Being pregnant is not an impediment to divorce.  However, there is an assumption by the courts that a child born during a marriage is a product of the marriage.  That presmption can be rebutted.  You need to tell your attorney and you need to mae sure that the pregnancy is addressed with an affidavit of non-paternity or what ever the court will require.  Good luck.


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