Is there an actual law or code that will prevent a divorce if the woman is pregnant?

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Is there an actual law or code that will prevent a divorce if the woman is pregnant?

Wife left husband after years of his adultery in their 10+ year marriage. It has been 2 years and wife is still awaiting dissolution (paperwork has been written up but not yet filed). Wife has lived on her own with their 2 children for 2 years and currently has a boyfriend by whom she is pregnant. Will a judge allow the dissolution to proceed? What steps need to be taken in order to “push things along”?

Asked on February 20, 2011 under Family Law, Ohio

Answers:

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

Answered 10 years ago | Contributor

No, there is not.  You can divorced if you are pregnant.  The problem is that there is an assumption that a child that is conceived during a marriage is a child OF the marriage, even if it is really not.  So the child will be assumed to be your husband's unless it is proven otherwise through DNA testing or if the law in your state allows a party to file an affidavit of paternity (your boyfriend) and an affidavit on non-paternity (your husband).  When you say that the paperwork has been written up but not filed, why?  Who is supposed to be filing the paperwork?  Your husband?  Does not look like he wants to move things along any time soon.  So if you want a divorce then I would suggest that you file the paperwork as soon as you can.   If you entered in to an agreement as to custody, visitation and separation of marital assets then get it and file it along with the necessary paperwork.  Good luck. 


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