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Im married but pregnant with another mans baby.

White Plains, NY |

Im married to my sons father but been separated for almost 2 years. I have been dating someone for a couple months and now Im pregnant. My husband and boyfriend are both in the Army. My husband sends me money for our son but does not contact to check up on him or spend time with him. My boyfriend on the other hand is deployed and won't be back probably after our babies birth. My question is, me being pregnant would effect and make our divorce longer? Can I keep it to my self that im pregnant and not let the court know? And if they do know does my husband has any rights with the baby knowing my baby would be born probably under a marriage?

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Attorney answers 4


Lying to the court or in sworn documents that you file with a court is NEVER a smart decision. Consult with a family law attorney in your area before filing any paperwork for divorce.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


You need to hire a divorce attorney. This is all manageable if handled properly by an attorney. Trying to find ways on your own may get you into trouble and may unnecessarily complicate your case and your life. Hire an attorney.

This content is informational only and does not establish an attorney-client relationship.


The fact that you are pregnant with someone else's baby does not in and of itself contribute to how long your divorce would take. Other factors may - such as equitable distribution or potentially grounds. In the event that you and your husband can agree to an uncontested divorce, then there is no requirement to disclose your current pregnancy. In any event, your pregnancy is not necessarily relevant to the divorce.


Under New York State law, there is "presumption of legitimacy" if you are married that your spouse is the father of the child, unless otherwise challenged. It is a strong presumption in the courts. Arguably, the court could try to hold your husband financially responsible for your baby until emancipation. It would be up to your husband to challenge the presumption. Even if you leave the father's name blank on the birth certificate, the presumption still exists. When you get divorced, you must indicate under the penalty of perjury how many children were born during the marriage and if any are expected.

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