Legal Question in Family Law in Wisconsin

Pregnancy during divorce

My ex and I have been legally separated and going through divorce proceedings in Wisconsin for 18 months. We are scheduled for trial in 6 weeks. I am now pregnant, he is obviously not the father. How does this effect the divorce proceedings?


Asked on 7/05/07, 10:37 am

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Pregnancy during divorce

The answer depends on the jurisdiction you are in and the requirements of the judge assigned.

In La Crosse County, the judges will usually let the divorce case proceed so long as BOTH husband and wife testify that the child is a non-marital child AND the biological father of the child appears in court at the time of trial and testifies that HE is the father.

Some courts/judges will require that a guardian ad litem (an attorney who represents the interests of the [unborn] child) be appointed to investigate and provide a report to the court as to the parentage of the child.

In some cases there may even have to be paternity testing to determine the parentage before the court will grant a divorce.

You need to contact someone, perhaps the family court commissioner's office in your county, or a private attorney to determine your court's particular requirements.

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Answered on 7/05/07, 11:59 am


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