I’m currently separated. My estranged spouse lives in another state and hasbeen since long before my child was conceived. We haven’t even seen each other in 9 months. My question is: am I able to get divorced while being pregnant by someone else? Or will the court make me prove the child isn’t my spouse’s? Does it even matter since we were separated for almost a year when I conceived? Please help.
Yes, you can still get an absolute divorce while pregnant with another man’s child as long as you separated with the intent to remain separate and apart and you and your spouse have lived continuously separate and apart for at least one year.
Since you are still married to your husband, your husband could be considered the legal father. If you were to seek formal child support from the biological father, you may have to prove (by DNA testing) that the putative father is in fact the biological father.
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.
Even if my spouse had been living in another state at the time of conception? The child is due in February and if I file for divorce in August then wouldn’t I be divorced before the baby is born?
The time of conception will not affect your ability to file for an absolute divorce or to be granted an absolute divorce.
If you file for absolute divorce in August, you should be granted the divorce by October, assuming you have met the requirements for an absolute divorce.
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.
Ok great! Will we both have to show up in court or can we just have a lawyer go for us? We have no children together, no assets, property, etc. It’s just a clean cut divorce.
For the absolute divorce, your lawyer can appear in court for you.
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.