Legal Question in Family Law in Indiana

Re: divorcing army husband

Although there is a presumption that your spouse is the father of your child, the length of time he has been away gives credence to the idea that someone else is the father of your child. A divorce action only concerns children of the marriage. Since it is impossible that the child is a child of the marriage, there should be no hold up in court for waiting for the birth and a paternity determination. Whether there is or not, you and the father can still execute a paternity affidavit at the hospital at the time of birth - but the father must be there to sign the papers.