Yes. You can file for divorce while pregnant in Wisconsin. Pregnancy does not bar the case, but the petition must state whether the wife is pregnant, and a child conceived or born during the marriage before the divorce is granted is presumed to be the husband’s child. That presumption affects custody, placement, and support for the baby.
A divorce while pregnant in Wisconsin starts the same way as any other divorce. Every petition must list the minor children of the parties, each other child born to the wife during the marriage, and whether the wife is pregnant. The state court petition forms ask each spouse to check yes or no to “I am currently pregnant.” Our guide on how to file for divorce in Wisconsin covers the rest of the filing steps.
Under Wis. Stat. § 891.41, a man is presumed to be the father of a child if he and the mother are married and the child is conceived or born after the marriage and before the divorce is granted. Because conception counts, the presumption can apply even when the baby is born after the divorce. Genetic test results showing that another man is the father can rebut the presumption.
If a party claims the husband is not the father, that party must prove it, and the court must appoint a guardian ad litem to represent the child. Learn how court-ordered paternity testing works in Wisconsin. The usual waiting period before the final hearing still applies, as explained in how long a Wisconsin divorce takes.
Answer the pregnancy question on the petition accurately. Keep the due date and prenatal records available. If there is any doubt about paternity, raise it at the start of the case so testing and a guardian ad litem can be addressed before custody and support are decided. If you need orders on bills, the family home, or maintenance while the case is pending, ask for a temporary hearing.
Renier Hotopp Law Offices handles divorce while pregnant in Wisconsin, including the paternity, placement, and support questions a new baby adds. See our Wisconsin divorce attorney services or learn more about the firm.
