Can wife divorce while pregnant from another man?

Question: I'm a 41 yr. old female who is pregnant with another man's child and my husband of 24 years said I can't divorce him until after my child is born, is this correct?

Answer: Although this depends on your particular state's law, I can tell you that in my state (Missouri), although the statute does not specifically forbid granting a dissolution of marriage while the wife is pregnant, most judges in my experience won't do it, but will hold the case on the docket until after the child is born. This is because, if there is a question regarding paternity, the test can't be done until after the birth. Further, because the issues of support and custody would not be determined until after the child was born, even if there is no question as to paternity, it would be preferable to have only one court action rather than two. Therefore, while you should consult an attorney for your state for the specific rule for your state, I can tell you it is quite possible that your husband is correct.

Return to Search Page