Legal Question in Family Law in Tennessee

Divorce and Pregnancy: A Joint Proposition

Situation: Women is pregnant. She is currently separated from current husband and is planning a divorce. She is currently pregnant. She resided in Tennessee. The father could either be the current husband's or her current partner's. If she files for divorce while she is still pregnant, will the judge grant the divorce? Or, does she have to wait until the child is born to file? Finally, if the child is the woman's current partner, what does he have to do to ensure the child's name reflects his own? I appreciate the answer to any of this you can give me. Thanks! I appreciate the service!


Asked on 5/21/02, 7:36 pm

1 Answer from Attorneys
Beth Brooks Beth Brooks, Attorney

Re: Divorce and Pregnancy: A Joint Proposition

Public policy (and the law) requires children to be born in wedlock; therefore, the Judge will not allow a divorce until the child is born. The current partner can intervene into a divorce action to request a blood test, but as some day all public records will be on the internet, is there a way that all of the folks can get together and do it more quietly and with more dignity? Swab tests are readily available to determine DNA now. No divorce will be granted unless child support is set. If the child's parentage is not determined before the divorce, the "husband" can join in a Petition for the new partner to adopt (once the parties are married) and to terminate his rights (and therefore child support.) It is a big mess, and will take time, but can be fixed. Can everyone talk yet? For the child?

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Answered on 5/21/02, 10:12 pm


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