Can I divorce my wife while she is pregnant and believe the child is not mine?
Full Question:
Answer:
The State of Ohio permits judgments of divorce and dissolution of marriage to be granted upon the following grounds:
1. Bigamy
2. Willful absence of the adverse party for one year
3. Adultery
4. Extreme cruelty
5. Fraudulent contract
6. Gross neglect of duty
7. Habitual drunkenness
8. Imprisonment of the adverse party
9. Procurement of a divorce outside the State by a party which releases the party who obtained it from the obligations of marriage while the obligations remained binding on the other party
10. Living separate and apart without co-habitation for one year without interruption
11. Incompatibility of the parties. § 3105.01
The Ohio statutes do not prohibit a divorce if the wife is pregnant. There may be issues that need to be considered however. Because the child is not yet and paternity is impossible to establish (at least easily), a husband who files for divorce while the wife is pregnant may need to reserve all issues involving the paternity, custody, support, and visitation of the child.
Because of this, it often might be a good idea (but usually not necessary) to wait until the child is born and healthy and has a Social Security number before proceeding with a divorce. A divorce prior to birth may require the husband to go back to court later to resolve the issues involving the now unborn child