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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
