What Happens if a Married Woman Gets Pregnant by Another Man

Many times in complex and sensitive family law cases, we see situations where a woman becomes pregnant while still married. If a married woman gets pregnant by another man, the husband is typically presumed to be the legal father. This complicates the divorce and raises questions about financial responsibility, legal obligations, and parental rights.

Can I Get a Divorce While Pregnant With Another Man’s Child?

If you find yourself in this emotional and complicated situation, you may be wondering “what are my rights?” and “can you get a divorce while pregnant with another man’s child?”. From an attorney’s perspective, the answer depends on several factors.

If either the mother or her husband raises the issue with the trial court that the husband may not be the father, most courts will put the brakes on the divorce process, order a guardian ad litem be appointed for the baby, and order DNA testing for all three parties to prove or deny paternity claims. Some courts even go one step further and order that the mother file a paternity action and have the real father adjudicated before the divorce can be completed.

If My Wife Gets Pregnant by Someone Else am I Responsible?

Possibly. In Wisconsin, a husband is generally presumed to be the legal father of a child conceived or born during the marriage, even if he is not the biological father. Because of this marital presumption of paternity, a husband may initially be treated as the child’s legal parent and could face parental responsibilities until paternity is legally resolved.

But what about the person who impregnated the wife – do they have rights?  Can they be determined to be the father? If this is an intact family, and the mother and her husband want to raise the child on their own, do their rights outweigh the third party’s rights to have paternity established? Does the child have a right to know who its real biological father is? These are sensitive questions that require experienced legal representation and a compassionate approach to help clients make informed decisions about what happens next.

sec. 767.863 FIRST APPEARANCE, addresses this issue:

767.863 (1m) PATERNITY ALLEGATION BY MALE OTHER THAN HUSBAND; WHEN DETERMINATION NOT IN BEST INTEREST OF CHILD.

“In an action to establish the paternity of a child who was born to a woman while she was married, if a male other than the woman’s husband alleges that he, not the husband, is the child’s father, a party may allege that a judicial determination that a male other than the husband is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male other than the husband is the father is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.”

So, while the third party who believes they may be the father can technically file a paternity action while the woman is married, the parties (husband and wife) can argue that having paternity established is not in the best interest of the child. An experienced family law attorney can help you understand what evidence you need, whether you can avoid court through settlement negotiation, and how to protect your rights throughout this process.

If there is such a finding that determining paternity is not in the child’s best interests under these circumstances, the court can disregard ordering DNA testing and must dismiss the case. That would preclude the third party from having themselves established as being the biological father of a child to a woman who was married at the time.

TL;DR Summary for Woman Married and Pregnant by Another Man

• Paternity Presumption: In cases where a woman is married and pregnant by another man, the husband is presumed the biological father by law.
• Divorce Complications: If paternity is questioned, the court may halt the divorce process, appoint a guardian ad litem (GAL), and order DNA testing for all involved.
• Third-Party Rights: The man who impregnated the woman can seek paternity but may face legal arguments that determining paternity isn’t in the child’s best interest.
• Court’s Decision: If paternity testing isn’t in the child’s best interest, the court can dismiss the case and prevent the third party from being legally recognized as the father.
• Legal Framework: Wisconsin law (sec. 767.863) allows a court to prevent paternity determination if it isn’t deemed beneficial to the child.

These situations can make divorce more complicated, which often leads people to ask questions like how much does a divorce cost and what other legal steps might be required. Many families also have concerns about divorce child support, when paternity issues affect the overall outcome of the case. Our experienced attorneys use a client-focused and compassionate approach to help you understand your legal options, what happens next, and how to navigate these sensitive situations. We provide confidential representation to protect your rights and achieve the best possible outcome.