I live in Florida and my husband and I have already filed for divorce (simple dissolution of marriage) and our final hearing is coming up. However, I just found out that I am pregnant with my current partner's child. What happens now?
Answer
The child will be legally presumed to be the husband's so you final judgment needs to be worded correctly to avoid that, also your husband needs to sign an affidavit of non-paternity.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
[email protected]/* */
www.careyandleisure.com
Answer
You can both stipulate that the child is not your husband's, even though the legal presumption would be that it is. As long as the Final Judgment of Dissolution of Marriage is prepared properly, there should not be a problem. A second issue might be that a Simplified Dissolution may not be available in cases where there is a child. You may be able to contact the Clerk's office to determine how they will deal with the pregnancy.
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