Every legal matter regarding divorce can be complex. In a situation where you hope to secure a divorce, and you are pregnant by another man, it is very important to work closely with your divorce attorney in Chicago to ensure every necessary step is met.
Can You File?
There are many factors that play a role in this. First, there are some states and other jurisdictions that will not allow a person to divorce until paternity is established. Today, there are many tests to do this, even during pregnancy. Yet, if you fail to meet the judge’s requirements for testing, that can delay the divorce itself.
It is best to work closely with your divorce attorney in Chicago to make your case if you plan to divorce in this situation. Proving that someone else is the biological father will be the critical step in this process.
Why Is This?
In most states, there is a presumption of fatherhood for a man if he is married to the woman. This is designed to reduce the number of conflicts that can occur in custody and child support battles if there is a concern after the child is born. This is a presumption – that does not mean it cannot be changed. Rather, it can be ruled otherwise in some courts, depending on various circumstances.
Do not try to conceal information about a pregnancy. This can put you further at risk of losing your case.
What Can You Do to Challenge This?
Working with your divorce attorney in Chicago, you may be able to challenge this resumption. This can be done by admitting that the husband is not the father. If he believes he is not the biological father, he can challenge paternity claims. In some cases, the state will require you to raise this issue during the divorce. If you do not do so and try to raise it later, the court may rule against you.
For this reason, work closely with your divorce attorney in Chicago to ensure you are doing everything you can to ensure your rights are protected. Michael C. Craven can help you through the process of divorce and fight your case in Chicago.