What is the law with my situation. I am pregnant by someone else my husband left in april i found out he had been cheating on me when we were together and continued to do so after he left. I am now going to file for a divorce. My question is what is the law concerning me being pregnant by someone else?
2006-11-10 06:59:19 · 19 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
You can not get divorced while pregnant in some states. Paternity will not be determined yet, and support can not be determined until the baby is born or doesn't make it.
2006-11-10 07:01:44 · answer #1 · answered by Blunt Honesty 7 · 2⤊ 0⤋
according to California Law, you can still get divorced. File the petition, he has 30 days to respond after you serve him. once he has responded (and hopefully he will not contest) you will have to file the request for the divorce order.
The forms will ask you if you are pregnant currently, you say yes. it will ask you if the pregnancy has occured in the county of which you are in. I don't recall it asking you if the baby is even his. All he has to do is contest paternity and you agree with his statement. the judge may be anal and order a DNA test to be done. And technically your husband should get one just to have on record that the baby isn't his. in which case the order for a divorce won't be authorized until the results come through. If you should insist on getting the order as soon as possible, you can get a amnio test done (which could risk the baby's life) and have the results done quicker. but in the end...even after he responds to your request for a divorce, you will still have to wait six months for the order to go through anyway as there is a cooling off. period.
2006-11-10 07:33:05 · answer #2 · answered by Bella 5 · 1⤊ 0⤋
So you must have cheated also if you are pregant by someone else so pretty much your screwed...in more ways than one. Get a really good lawyer or don't even bring up the cheating. Even if you slept with someone else after he did you still cheated if you were still married. So his lawyer will shove that in your face. Good luck with that one and hey there is something called birth control. Use it, especially when your sleeping with someone who's not your husband. Oh and if it isn't his child then he can't take it if that is what your asking but that also means he doesn't have to pay child support. He will be thrilled! You need to get support from the reall daddy.
2006-11-10 07:03:36 · answer #3 · answered by Lovely Lady 27 5 · 0⤊ 2⤋
Most states have adopted a no fault divorce so that they don't have to determine anything but the division of assets. Check with a lawyer in your state to determine what, if any impact your cheating husband and your pregnancy present for the court. Quite frankly my dear, you two should try and make up, you sound PERFECT FOR EACH OTHER!
2006-11-10 07:04:25 · answer #4 · answered by Tippy's Mom 6 · 0⤊ 1⤋
As long as you are married, it is his child. But if you get a divorce before the baby is born, he could simply contest that it is his and the burdon of proof is on you to prove it is his. If you divorce after the baby is born, the burdon of proof is on him, and he has to prove the baby is not his. If the baby is born before you divorce he is responsible and considered the father by law unless you or him contest it. If he supports the child financially after it is born in any way he is considered legally responsible for support wether he is the biologic father or not.
2006-11-10 07:06:28 · answer #5 · answered by xorosho 3 · 0⤊ 1⤋
In Michigan, your husband is the legal father. The only way to acknowledge the natural father is by your husband telling the court he isn't the father, then the natural father has to take a paternity test. Your husband will cooperate eventually to avoid paying child support for a child that isn't his. Good luck!
2006-11-10 07:03:04 · answer #6 · answered by grandm 6 · 0⤊ 1⤋
It depends on the state in which you live first of all, & secondly...what law for what? Your question isn't very clear. File for divorce. The child was by another man, right? So it's the other man's child, not your soon to be ex & he won't have any rights to it.
2006-11-10 07:03:04 · answer #7 · answered by its_me_horses 2 · 1⤊ 1⤋
Check state laws. When you are married the husband is usually considered the father. But you can get paternity tests to prove who is.
2006-11-10 07:02:09 · answer #8 · answered by mnwomen 7 · 3⤊ 0⤋
there really isn't alaw your husband and you are seperated and you had realations with some one else and you are pregnant so you filed for divorce. the only law you would be under is child support if your not with the father of your baby.
2006-11-10 07:05:07 · answer #9 · answered by christina c 3 · 1⤊ 1⤋
I'm not to sure what you mean by your question, but your husband has nothing to do with the child. He has no obligations what so ever to the child. If you plan on keeping the child you need to contact the father of the child and discuss support etc...Or take him to court to get it.
2006-11-10 07:07:45 · answer #10 · answered by WENDY G 6 · 1⤊ 1⤋