Legal Question in Family Law in Virginia

Re: Divorce

No, but if you're seeking a no-fault divorce from your current husband (and there is property/and or children involved from the marriage) you're probably looking at another nine months anyway before your complaint for divorce can be filed.

The biological father's name as determined by the paternity test could be placed on the newborn's birth certificate before the divorce is finalized.

And, no, you don't need to have your current husband's cooperation or signature on the divorce paperwork in order to obtain a valid divorce in the Commonwealth.

Re: Divorce

No you do not need your husband's cooperation to obtain a divorce, but he could make things difficult for you and delay a divorce by challenging paternity/custody and assets/debts. You will have to wait for 6 months from the date of separation (which by the way could have been even earlier than when you moved out if you slept in separate beds, etc) to file for a divorce if you can get him to sign a marital separation agreement. If he refuses to sign then you must wait a year from the date of separation to file for divorce.

You can put the natural child's name on the birth certificate if he is the father.

Keep in mind however, that your husband can file for divorce based on adultery. This may or may not be a big deal depending on your financial situation. Make sure you consult with an attorney directly before filing anything because your case could get very messy.

Good luck to you.