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Getting Divorced While Pregnant With a Boyfriend's Child

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  • 07-10-2015, 03:58 PM
    Eviesmomma
    Getting Divorced While Pregnant With a Boyfriend's Child
    My question involves a marriage in the state of Michigan. I've filed for divorce, and my husband has been out of the home since the beginning of May. This is an amicable divorce for the most part. We've agreed to just work out details on our own to avoid attorney fees. I am the one who initiated the separation and divorce, but he understands for the most part.

    I've been seeing someone since just prior to him leaving the house. After I filed the divorce paperwork, I discovered I was pregnant. It's definitely my boyfriend's baby. There is no way this is my soon-to-be ex's child, and the race of the baby will prove that in the end. My boyfriend is fine and supportive.

    I've been struggling to make ends meet now that I'm on my own with my other 3 children. My ex is not a responsible person - reasons for divorce were gambling and drug use for instance. So I am receiving Medicaid for myself and the kids right now.

    In Michigan it takes 6 months to finalize the divorce. I'll be very noticeably pregnant by then. I'm not sure why I feel like I have to hide the pregnancy, but it just seems to complicate everything. From what I have read the court is going to assume this baby is my ex's. I don't want that...and I'm on Medicaid right now and don't want the cost of this baby to fall to my ex automatically.

    Any advice on how this should be tackled? I'd love to be free and clear with the divorce before the issue of the pregnancy comes up, but it doesn't seem like that's going to be possible. Thanks in advance for all constructive assistance!
  • 07-11-2015, 01:58 AM
    Mr. Knowitall
    Re: Getting Divorced While Pregnant With a Boyfriend's Child
    You should discuss your situation with your divorce lawyer.

    You will want the judgment to reflect your husband's nonpaternity of the child.
  • 07-11-2015, 08:42 AM
    Eviesmomma
    Re: Getting Divorced While Pregnant With a Boyfriend's Child
    If I could afford a divorce attorney, I'd probably just ask their opinion rather than asking on a public forum.
  • 07-11-2015, 11:07 AM
    HRinDEVON
    Re: Getting Divorced While Pregnant With a Boyfriend's Child
    There is a likely a legal presumption that child is husbands
    The bio dads rights are not yet anyplace--and he has no duty to assist , not yet at least.
  • 07-11-2015, 11:48 AM
    Dogmatique
    Re: Getting Divorced While Pregnant With a Boyfriend's Child
    Quote:

    Quoting Eviesmomma
    View Post
    If I could afford a divorce attorney, I'd probably just ask their opinion rather than asking on a public forum.

    Your situation requires the assistance of an attorney. In Michigan there is a presumption that the husband is the child's father; this presumption can be rebutted but it needs to be done properly and timely.

    If you think you can do it on your own, you need to read up on the Michigan statutes, the rules of civil procedure and the court's local rules. Otherwise, I'm sure an attorney would be delighted to take you on as a client.

    Perhaps your boyfriend can help you afford one.
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