Married but pregnant with another mans child?

Now that I have your attention...

NO I AM NOT PREGNANT WITH ANOTHER MANS CHILD...PLEASE READ!!!

My little sister is getting divorced but had a baby by another man while separated from her husband. They had been separated for more than 3 years but for some reason never filed papers for a legal divorce. She is due in May (4 weeks after me) and is filing divorce paperwork after the holidays.

I told her by WI law this baby will be considered her legal husbands child because she got pregnant while legally married...she is now upset.

If she files for divorce but does not let the court know she is pregnant will she have to go through the legal ramifications?

Update:

28 weeks...that is what I was trying to tell her. I know the legal issues are going to be a pain but at least it wont come back to bite her in the butt. I know people judge her for not being divorced, and I am the first one to say she should have filed 3 years ago...but her boyfriend is a very nice man and is very excited to be a father. I hope it turns out good for her.

5 Answers

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  • 9 years ago
    Favorite Answer

    You are correct. She will be required to put her husband's name on the birth certificate even if the divorce was finalized today. The judge will ASK her if she is currently pregnant and if she says anything other than 'yes', she could be jailed for perjury.

    In WI, a divorce cannot be finalized in less than 120 days from filing. It will typically be suspended if the wife is pregnant, until after the birth. No, I don't think it's fair, but it is common in WI. Your bf needs to be involved in order to get legal paternity changed to him.

  • 9 years ago

    If she lies on her divorce papers and says she isn't currently pregnant she could be in HUGE trouble. And you are correct, the baby will be considered her husband's child until after the baby is born and the court establishes paternity. Divorce hearings take forever so if she signs papers saying she isn't currently pregnant, and 2 months later goes to court as big as a house, they are obviously going to realize that she lied. She needs to be honest in her paperwork, otherwise it will be a lot harder to get her divorce finalized.

  • Anonymous
    9 years ago

    Then she needs to get with a lawyer. She has no reason to be upset. Had she divorced him 3 years ago, she wouldn't be in this mess.

    She needs to be up front with the courts no matter what.

  • 9 years ago

    Your method for acquiring attention is morally objectionable.

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  • 9 years ago

    I don't like being conned!

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