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JerrySJD
JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience:  Divorce, child custody, support, mediation, alimony
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WHAT HAPPENS INA DIVORCE PROCEEDING IF THE HUSBAND HAS IMPREGNATED

Resolved Question:

WHAT HAPPENS INA DIVORCE PROCEEDING IF THE HUSBAND HAS IMPREGNATED A WOMAN DURING THEMARRIAGE AND BEFORE A DIVORCE IS FILED
Submitted: 5 years ago.
Category: Family Law
Expert:  JerrySJD replied 5 years ago.

JerrySJD :

This goes to the issue of fault. Fault is a factor in property settlement. That means that if there is marital property, the H will get less under "equitable distribution". Alimony and child support are based on income, so that should not be affected.


 

JerrySJD :

So, for example, if you own a house together, he will get a smaller portion of the equity in the house, maybe even none. Same with joint bank accounts.


 

JerrySJD :

Thank you for using JustAnswer. Please click "Accept". If you need more, just let me know.


 

Customer: not enough info. I understand what you are saying, but is that all happens?
JerrySJD :

More information: There are a number of components to the divorce. Property settlement, alimony and child support, plus custody. It is the property settlement that will be effected by the pregnancy. This shows clear fault by the H. That means he will get a much smaller percentage of what you own, maybe as little as 20%. Alimony and child support are based on income, so that will not be effected. Alimony is also determined by the length of the marriage, so a longer term marriage means alimony for longer, regardless of fault. Short term marriage is shorter term alimony.


 

JerrySJD :

With the pregnancy, you can make a deal with him that is in your favor. You can tell him that you have him dead to rights and that you want the house, bank accounts and alimony. If he fights, you can tell him this is going to get difficult for him, based on what he has done.


 

Customer:
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