Filing while a baby is on the way
You can generally start a divorce while pregnant, but states differ on whether it can be finalized before the birth. Some courts will not enter a final judgment until the child is born so that custody and support can be addressed, and even where a case could close sooner, many couples and courts wait for the same reason. A child born during a marriage is generally presumed to be the child of the spouse, so the divorce needs to account for the baby either way. In New York, the timing of the case is something to plan around with your lawyer rather than assume. Expect that some issues will only be fully resolved after the birth.
When parentage is in question
If the spouse is not the biological parent, or there is doubt, the presumption of parentage can still apply until a court addresses it. Genetic testing may be ordered in some circumstances, but courts can also decline to disturb a parental relationship a child has come to rely on, depending on state law. The answer can affect child support, custody, and inheritance, and it can involve a third person outside the marriage. Discuss the situation frankly with your lawyer before raising it with anyone else, and keep medical records and relevant communications in one place.
Protecting coverage and support early
Health insurance through a spouse's employer, prenatal care costs, and income during leave are often the most pressing concerns. A request for temporary support may be appropriate early in the case, and in New York automatic orders generally bar either spouse from removing the other from existing health coverage once a divorce is filed. In a first meeting we look at your due date, current coverage, income, and safety, and decide which issues need attention before the birth and which can wait. If there are threats or abuse, protective measures come first. Bring your insurance information and any papers already filed.
