Is it true that you can not get a divorce if the women is pregnant?

UPDATED: Feb 19, 2012

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Is it true that you can not get a divorce if the women is pregnant?

I have been separated for 7 monthsbut we did not get divorced. He says we can’t while I’m pregnant. He is not the father and I also heard that since we are still married even though he is not the father, he will have to sign the birth certificate saying he is. I cannot get a paternity test until the baby is born.

Asked on February 19, 2012 under Family Law, Pennsylvania


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

Answered 11 years ago | Contributor

As for the issue with actually signing the birth certificate it is unclear if that is true.  However, he will be presumed to be the father because you are still married.  But there is no law that I know that says you can not get divorced if you are pregnant.  That is simply not the case. And generally a paternity test is done after the baby is born.  Seek legal help.  Good luck.   

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