Legal Question in Family Law in Pennsylvania

divorce

my husband and I have filed our own divorce using the computer and it has been filed in the county courthouse. We have been living seperatly since July 2006 and I have been seeing someone since October 2006. I just found out that I am pregnant by the man I am seeing now and we intend to live together and raise this child as a family. My husband and I already have an 8 year old daughter that I have sole custody of. I would like to know what the legal ramifications are of this situation...is there anything that my husband can do to make this situation and the pending divorce more difficult for us?? We live in the state of Pennsylvania (Berks county) and we were married for 9 years.


Asked on 2/27/07, 9:46 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: divorce

Well there is a presumption that a child born of an intact marriage or within 9 months of when the marriage was intact marriage that the father of the child is your husband. That doesn't appear to be the case here.

I suppose he could petition the court to modify the divorce complaint to include a fault grounds but I see no advantage to your husband to do so.

The question is why you didn't file for a consent divorce which only requires a 90 waiting period? If you had done so you divorce would be final by now.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 2/27/07, 9:58 am


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