Paternity and separation

I’ve been with a guy over a year now and I just found out that I am pregnant by him. He is still legally married but been separated for some time now and he’s going through a divorce. What can he do? Can he get in trouble for it?

If your relationship with him began during his marriage to his wife, then his wife could use the pregnancy as further evidence to prove that he was having an affair during the marriage, assuming she could prove that he committed at least one act of illicit sexual behavior during the marriage. If the wife could prove an act of illicit sexual behavior during the marriage but before their date of separation, then this could affect alimony for him whether as a payor or recipient.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

They have been separated for over a year now with no intent on going back with each other. They are currently in the process of going through a divorce.

Could he get sued by the state?

No, he cannot be sued by the state.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Well he was told that he could