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Divorce while pregnant in NY

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  • Divorce while pregnant in NY

    My husband and I haven't been living together for going on 2 yrs. I am currently 5 months pregnant by my current boyfriend. I want to get a divorce, but was told that I cannot due to being pregnant. I was also advised that once my baby is born, it will automatically take the last name of my seperated husband. I want to avoid this from happening. Can I get divorced while pregnant? If not, how do I avoid my new baby from getting my seperated husband's last name?

  • #2
    My sister had a similar experience--most states assume that if
    a child is born to a married woman, that woman's legal husband is the
    father. That's your repercussion; you may have to go through a legal
    proceeding to have your husband declared NOT to be the father. The up
    side is that he will probably be forced through the court to pay
    support for your child that he's responsible for. (Note that this will
    also grant him certain rights and privileges, such as visitation.)

    The companion part of this can be that, since you ARE legally married
    and you're having a child by another man, you could be guilty of the
    (normally unenforced) crime of adultery. It's on the books in some
    states.

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    • #3
      We both could be considered guilty of adultery. My soon to be ex husband got a younger girl pregnant too. Do you know of any way around this situation?

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      • #4
        It may be best to try to reach agreement among all of you--or if need be a court can order the names etc.

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