Legal Question in Family Law in Indiana
Divorce and pregnancy
A friend of mine's wife has left him and has filed for divorce. This was about 1&1/2 months ago. He has now found out she is pregnant and says it is not his. She is planning to move to Colorado in February to go back to her ex who is in the military there. Can she leave the state of Indiana being pregnant until there is a blood test done? I understand through a friend that the divorce cannot be final until the baby is born and a blood test done. Please advise.
1 Answer from Attorneys
Re: Divorce and pregnancy
That is true -- the divorce will not be finalized until the baby is born and paternity is established.
The presumption is that a baby born during the parties' marriage is the child of the husband. However, that presumption can be rebutted by a blood test.