Can a husband divorce his wife while she is pregnant?

UPDATED: Apr 18, 2011

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UPDATED: Apr 18, 2011Fact Checked

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Can a husband divorce his wife while she is pregnant?

The child is by another man.

Asked on April 18, 2011 under Family Law, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, individuals can obtain a divorce at any time and what the husband did is actually legally a  move that would be recommended by a divorce attorney. While a pregnancy during a marriage is assumed to be the husband's child in most if not all states, by removing himself from the marriage and a legal verification that the child is not his, he is preventing anyone from seeking child support from him. Further, by seeking a divorce, he is beginning the process to ensure his income is separate property and not a marital asset. In this situation, since the child is by another man, the court would most likely grant the divorce sooner rather than later. As to any concerns over insurance coverage, that would be up to a court of law to decide as part of the divorce decree.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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