The Child is Not Mine: What Happens if a Spouse Gets Pregnant with Another Man?

Divorce can be a long process depending on the conditions that both spouses may not find common grounds on. For one thing, divorce lawyers can provide legal assistance for divorcing couples. Still, it may not guarantee a smooth-sailing divorce unless there are other concerns that can affect the divorce proceedings. You may also have to seek legal support from child support lawyers or spousal support lawyers to settle child custody and alimony.

Anything can happen especially before and during a divorce settlement. There are various legal grounds for divorce, such as infidelity, domestic violence, and irreconcilable differences among a few. However, what if your spouse got pregnant while the divorce process is currently ongoing?

Given the above situation, there are some questions that need to be answered. Will the legal spouse be considered or presumed the father of the unborn child? Will the wife/spouse be charged with adultery? How about child support and custody? In such cases, it is best to consult family lawyers regarding these concerns.

Is the legal husband presumed the father of the unborn child?

It is understandable that the husband would think of divorcing the wife who got pregnant with another man. However, there are many cases wherein the wife becomes pregnant with another man before the divorce has been finalized. Either way, it can be a major blow, especially to the legal husband.

At the same time, it can have a major impact on the ongoing divorce case. But as far as divorce laws are concerned, it will be presumed that the husband is the legal father of the unborn child. This is even if the husband thinks that the child is not his and has been living separately from the wife.

In such cases, the legal husband file for a paternity test if he does not want to be recognized as the unborn child’s biological father. This is a necessary process in order to finalize the divorce. In other words, the baby should be born first before a test is made and finalize the divorce process. The laws regarding paternity and child custody may vary depending on the state.

Can the wife be charged with adultery?

The answer depends on the situation. For example, the child can be charged with adultery if the wife got pregnant with another man while she is still married to the husband. Adultery can also be a legal ground for a divorce which can be filed by the aggrieved husband.

However, it should be proven that the unborn child is not his before the divorce may be deemed final. In some cases, it may have to be proven that there is no crime involved which led to the woman’s pregnancy (i.e. rape, coercion). Then again, it will be another legal case that has to be dealt with to prove that the woman did not commit adultery after all.

How about child support?

There are some cases wherein the father was made to believe that the unborn child was his. As a result, he is obliged to provide financial support and assumed custody of the child. Years later, the man finds out that the child is not actually biologically his. Can the man refund all of the financial support given to the child?

Unfortunately, the answer is no. In fact, most US states oblige the person presumed to be the father of the child to provide support until the latter turns 18. The decision is deemed final once the man signs the papers acknowledging his paternity.

Having said that, all men who are claimed to be the father of an unborn child have the right to undergo DNA testing to prove the said claim. More so, the man should be careful not to sign anything that they do not completely understand. It is best to consult child support lawyers before proceeding with the case.


Undergoing a divorce can be challenging especially if there are children involved. However, it is a different story when the wife, who is still married to the husband even if they are going through a divorce, gets pregnant with another man. It is better to hire professional divorce lawyers to handle the case. Contact top rated divorce lawyers in Alexandria VA for your legal concerns.

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