Possibly Pregnant Before Divorce Finalized

[Mermaidgirl]

My question involves a marriage in the state of: Florida

My final divorce hearing is next week. There is a *small* possibility that I may have just gotten pregnant by my soon to be ex-husband. I am not sure if the “early result” tests will be able to be accurate before the hearing.

Is this something I should bring up? I don’t want to cause more issues (a little late for that, I know). What if the test is positive before the hearing? What if the test is positive after the hearing?

I do have an attorney but I don’t want to mention anything yet because I’m not sure yet. We have 2 other children and are having a “simplified” divorce and have agreed and signed off on everything.

[jk]

Yes, mention it to your lawyer.

[adjusterjack]

having a “simplified” divorce

Not any more.

agreed and signed off on everything.

That's gone.

I do have an attorney

Then why on earth are you seeking advice from total strangers on the internet? Call your attorney NOW.

[pg1067]

That depends. Do you want your child to have a legally recognized father who will be on the hook to pay child support?

Keeping things from your attorney would be really stupid.

[llworking]

My question involves a marriage in the state of: Florida

My final divorce hearing is next week. There is a *small* possibility that I may have just gotten pregnant by my soon to be ex-husband. I am not sure if the “early result” tests will be able to be accurate before the hearing.

Is this something I should bring up? I don’t want to cause more issues (a little late for that, I know). What if the test is positive before the hearing? What if the test is positive after the hearing?

I do have an attorney but I don’t want to mention anything yet because I’m not sure yet. We have 2 other children and are having a “simplified” divorce and have agreed and signed off on everything.

I think that you should discuss it with your attorney. If you simply had sex with your soon to be ex then there is no guarantee that you are pregnant at all. If there is only a small chance that you got pregnant, I am not sure that you are required to disclose that. Your attorney however, will know the answer to that question.

[CONNOR99]

I'd suggest seeing your doctor before seeing your attorney because your attorney will just send you back to the doctor.

[llworking]

I'd suggest seeing your doctor before seeing your attorney because your attorney will just send you back to the doctor.

I disagree. I think that she should speak to her attorney first, since the divorce hearing is next week. The odds of her getting a non emergency doctor's appointment in time for the hearing is slim, so speaking to her attorney first is critical.

[Mercy&Grace]

Your state may or may not require a set time frame between the divorce being final and the birth of the child. If that time frame has not occurred. your ex might have to be listed on the birth certificate as the father.

[jk]

Your state may or may not require a set time frame between the divorce being final and the birth of the child. If that time frame has not occurred. your ex might have to be listed on the birth certificate as the father.

The husband is considered the presumed father of a child conceived during the marriage. Until the judge bangs the gavel on the divorce, they are still married. Yes the op needs to let her attorney know so this can be considered in the divorce.

from Floridabar.org


xxA child born or conceived while the mother is lawfully married is the presumptive child of the mother and her husband. If the child is conceived during the mother’s marriage to one man, and born during her marriage to a different man, it is generally the man to whom the mother is married on the date of the child’s birth who is the father.45 Furthermore, if “the mother of any child born out of wedlock and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held to be the child of the husband and wife, as though born within wedlock.”46 An issue may arise about whether the man whom the mother married is the reputed father.47 This may be evidenced by the identification as father on the child’s birth certificate, or whether in general the mother and her husband hold the husband out as the father.48



(Note 19). Matter of Adoption of Baby James Doe, 572 So. 2d 986 (Fla. 1st D.C.A. 1990).