Full question:
I have been married nearly five years, my wife has been living with a 'friend', that she swore wasn't a sexual relationship for the past three months. Just yesterday she informed me that she is pregnant, I am 99% sure it isn't my child because we used a condom the one time we had sex while she wasn't living at home. I want to file for divorce, but I was told that until the child is born - I can't file in the state of Ohio. So do I have to wait until after the child is born and then file a paternity suit/divorce on grounds of adultery? Please help!
- Category: Divorce
- Date:
- State: Ohio
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
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
