If I get pregnant by another man during my divorce, will it affect the divorce process?

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If I get pregnant by another man during my divorce, will it affect the divorce process?

My husband and I got married when I was 17; he filed for divorce after 6 months. I have met a man since then and we are planning on getting married; we want to have a kid with each other. I will wait if it will affect my divorce process or slow it down but we really want a child.

Asked on May 15, 2012 under Family Law, North Carolina

Answers:

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

Answered 8 years ago | Contributor

Congratulations on finding some one again.   The general rule is that a child born during a marriage is a child of the husband and wife in the marriage.  So having a baby while you are still married to your husband will indeed complicate things a bit, and probably cost a little extra in legal work.  The other thing that you need to remember is that the child born needs to be protected legally and by that I mean that legally it needs to be estatblished who the parents are in order to establish rights to support, inheritance, etc.  That can also be done by an attorney but again, more legal work.  So it will not be a complication that can not be overcome.  But it still can be a bit of a complication.  Good luck.  


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