If I filed for divorce 5 weeks ago and I found out I’m 3 weeks pregnant with a baby that is not my soon-to-be ex-spouse’s, will that prolong the divorce?

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If I filed for divorce 5 weeks ago and I found out I’m 3 weeks pregnant with a baby that is not my soon-to-be ex-spouse’s, will that prolong the divorce?

Asked on April 10, 2012 under Family Law, Washington

Answers:

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

Answered 9 years ago | Contributor

Generally speaking, there is a presumption that a child born while you are married is a child of the marriage.  It may not necessarily prolong it in the manner that you ar thinking but it certainly does complicate the issue.  Will the father step up and file an affidavot of paternity?  Other wise your husband will be made to pay child support in the divorce until non paternity is proven.  Good luck.


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