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Lawmoe, Family Law Attorney
Category: Family Law
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Experience:  Family Law Lawyer for 19 years
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I have filed for divorce from my husband, we have been seperated

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I have filed for divorce from my husband, we have been seperated for over 2 1/2 years, not legally and he just recently got out of prison, I just found out that I am pregant and it obviously isnt his child, can the divorce still be finalized? Do I have to list him as the father if the divorce isnt final? I live in Wisconsin

Under Wisconsin law, if you became pregnant during the marriage, your spouse is the presumed father. That does not preclude you from filing for divorce. It also does not preclude you from finalizing the divorce. However, the issues related to the child would remain open - this is called a bifurcated proceeding. When the child is born, your spouse would have to disclaim paternity with the biological father filing a recognition of parentage of acknowledgment of parentage.


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