My husband & I have been apart since June 2014 at which time I moved out of state from him. I filed for divorce in January 2015 pro se . Here we are 7 months later from filing & husband is still fighting with me. I am now 4 months pregnant by my boyfriend & was just told today through a consultation with a lawyer that I can't get divorced until after the baby is born & a paternity test is done. I didn't become pregnant for 3 months after I filed for divorce & have had no contact with husband except through text messages. I don't understand why I have to wait and what happens now with my boyfriend & the birth certificate? Could there be any loop holes since I filed before becoming pregnant? Not sure what else to do. And I feel like I'm losing my mind.
It's really going to depend on the judge and the men involved. If the baby's biological father is willing to sign an acknowledgment of paternity without a DNA test and if your current husband is willing to sign an acknowledgment that he is not the father (meaning he won't have to pay child support) and all issues in the divorce are settled there is a chance that the court will grant the divorce. Without both men cooperating you may have more difficulty and may have to wait.
You have a minimum of four people who need to be in the same boat, on the same creek, rowing in the same direction. More if the parties each have counsel and if OCSS is involved.
If everyone is in agreement that the husband is not the bio father, and realistically could not be the bio father, it may be possible to litigate the paternity, or resolve it by agreement, during the divorce proceedings.
If folks are not cooperative, then yes, you're likely going to remain married until after the child is born.
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