When a couple has decided to divorce, pregnancy can be incredibly stressful. While some couples may choose to postpone the divorce until after the child is born, others feel waiting is not an option.
Although the courts cannot prevent you from divorcing simply because a spouse is pregnant, you may encounter some legal issues as you begin the process.
In Georgia, all children born in wedlock or within the usual period of gestation thereafter are legitimate, and deemed the legal children of both spouses. If one of the spouses is not the biological parents of the child, it must be indicated in the Stated in the Petition for Divorce or challenged in the Answer and Counterclaim for Divorce and in the Final Decree of Divorce. If there is a disagreement regarding the parentage of the child, there are several possible outcomes, such as:
- If the pregnant woman believes her spouse or partner is the parent, she can allege it in court.
- If the spouse or partner believes he is the parent, he can admit parentage.
- If the pregnant woman believes a third person is the parent of her child, she can sue that person to establish parentage.
- A potential father may step forward and attempt to establish his parentage.
- A spouse may challenge paternity.
A legitimation action is separate from the divorce case and will determine the legal parentage of a child, as well as child custody, parenting plan details, and child support.
Dreyer Law has provided exceptional legal counsel and support to families throughout Coweta Judicial Circuit (Coweta, Carroll, Meriwether, Heard and Troup counties) for over three decades, handling all matters of family law, such as child custody, child support, and divorce. We are well-equipped to handle all divorce and family law matters, no matter your circumstances. Contact us to schedule an initial consultation.