Howard S. Kleyman | Family Law Attorney Serving Minneapolis, St. Paul & All Minnesota

Can you get a divorce in Minnesota if wife is pregnant?

It’s an amicable break up and she’s been seeing another man for over a year. It’s his baby. Neither legal separation or divorce have occurred yet though from the husband. Can divorce still be finalized if she’s now pregnant?
More details: I ask because I know in many states a divorce will not be granted if the woman is pregnant. Also, it is definitely NOT mine and I’m fine with the pregnancy. Mostly we haven’t moved forward with divorce for monetary reasons.

8 Responses to “Can you get a divorce in Minnesota if wife is pregnant?”

  1. kp says:

    You can file, but the judge (in any state) can refuse to grant it until after the child is born and a paternity test has been completed. I don’t know about MN, but in my own state, judges almost never grant a divorce when the wife is pregnant unless there is proof that there is no way the child could possibly be hubby’s (for example, hubby was deployed to Iraq for a year and came back home to find wife 5 months pregnant).

  2. Cham says:

    YA! if it is not your kid oh you bet you can

  3. RedSkyOne1 says:

    Divorce can happen at any point in time whether the child is of the marriage or not. The only consequences of the pregnancy is that the husband may have to get a paternity test to prove that he is not the father even if they have not been together for over a year.

  4. bill_at_msn says:

    iys up to the judge
    usually the answer is no
    but since she is having a child out of wedlock
    the judge will approve it

  5. tulla says:

    Divorce can be finalized in any state regardless whether the wife is pregant or not.
    What are you waiting for? Run don’t walk to the nearest lawyer and "Git-r-done’

  6. Ida says:

    make sure in the divorce paperwork it says you will not be legally obligated to support any children that occur during the time of the divorce. my ex wont leave me so i made this pregnate lie up to get him out the door quicker. it was in my divorce degree he made sure of that :)

  7. art_flood says:

    I think you need to make sure it’s his kid before you go and decide to get a divorce. DNA Testing?

    I’m not sure a divorce even in this situation is the best answer. It’s like you are giving her what she wants and that may not be best.
    Even in an adultry situation a marriage can still be repaired if people are willing to forgive.
    plus I think giving her a divorce just encourages this sinful lifestyle

    You took a vow – better or worse until death. Just because she violated her end of this doesn’t mean you should violate your end of it.

  8. Betty M says:

    I can’t imagine any state saying you can’t divorce your wife because she’s pregnant.

    I would just make sure you request a DNA of the baby to prove to the court that the child was conceived during the marriage, but it doesn’t belong to the husband. Otherwise the court might order the husband to pay child support.

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