Porter, IN asked in Divorce for Indiana

Q: I have been separted for 2 years trying to get a divorce now I am pregnant with my boyfriends baby can I get divorced

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1 Lawyer Answer
Gojko Kasich
Gojko Kasich
  • Hebron, IN
  • Licensed in Indiana

A: Under Indiana Code 31-14-7-1, a child born during a marriage and within 300 days after a dissolution, is PRESUMED to be that of the husband. However, if both parties agree, and the LEGITIMATE father of the child agrees, I've had situations where the Court will take SWORN testimony from the husband, who testifies under oath that the child could NOT be his [usually due to the timing involve], and if the legitimate FATHER of the child swears under oath that he is the father, and that he will accept responsibility for the child EVEN IF IT LATER TURNS OUT IT'S NOT HIS CHILD.

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