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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Divorcing a Pregnant Wife in Illinois

    Hello,

    Currently I have been seperated from my wife since april of last year. She got pregnent by another man in January and I never had the funds till now to file the divorce.
    What i'm asking is if she can put her maiden/fathers last name on the childs birth certificate and what should I do? She is due in September and we were going to do a simplified divorce but,
    obviously that isn't going to work. Should I wait till AFTER she has the child is born or take action now. She is with that man still but, i'm not sure what the laws are in Illinois.
    Thank you for your time and advice.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Re: Divorcing a Pregnant Wife in Illinois

    If it were me I would file for divorce, deny paternity in the divorce petition and ask that the court declare that I'm not the child's father. I expect that the child will be born while the case remains pending, and thus the court will be able to order DNA tests to confirm nonpaternity.

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