Does divorce affect the legitimacy of my unborn child in New York?

Full question:

I want to move a divorce action against my husband in New York. But I am three months pregnant. Does a divorce raise questions on the legitimacy of my child?

  • Category: Divorce
  • Date:
  • State: New York

Answer:

In New York, if a wife initiates a divorce, the legitimacy of any child born or conceived before the divorce action is not affected. If a husband initiates the divorce, the legitimacy of one child born or conceived before the action is also protected, but legitimacy issues may arise for any other child of the wife. Generally, all children born before the divorce action are presumed legitimate unless proven otherwise. Therefore, since you are three months pregnant and are initiating the divorce, your child's legitimacy will not be impacted by the divorce judgment.

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.

FAQs

Most states, including New York, do not have laws that outright prohibit divorce while pregnant. However, some states may have specific rules regarding the timing of divorce proceedings and child custody matters when a spouse is expecting. It's important to consult a local attorney for specific guidance based on your situation.