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poss85 · Jan 12, 2009, 08:43 PM

My divorce will be final in 3 days and I am pregnant with my new boyfirend my soon to be ex knows and wants a divorce same as me we have agreed not to tell the court can we get in trouble and will they find out

CRandy · Jan 12, 2009, 09:19 PM

If they can't tell by looking at you and you don't say anything or any one else. Then how will they know. Someone I know had the same problem over 11 years ago nothing has ever been said.

cjonline · Jan 13, 2009, 08:19 AM

If you have an attorney I would tell them. I think it's important that you are honest with your attorney and get everything done the correct way. I'm surprised that you soon to be ex doesn't want to cover himself with extra paperwork showing he is not the father of that child.

Usually the court will only care if the child you are caring is the person you are divorcing. I had to swear under oath that I was not pregnant by my husband and that the only child we had together been listed in the divorce papers. Nothing was said about being pregnant by someone else.

JudyKayTee · Jan 13, 2009, 08:39 AM

Originally Posted by CRandy

If they can't tell by looking at you and you don't say anything or any one else. then how will they know. Someone I know had the same problem over 11 years ago nothing has ever been said.

This is bad as well as illegal advice and has no place on the legal boards - NEVER lie to the Court. Anything can happen from the husband asking for custody, the boyfriend asking for custody, support being requested, child gets sick and needs a transfusion or medical information becomes critical.

Just because someone lied 11 years ago and so far nothing has happened doesn't mean it's all right (legally OR morally) to swear to statements which are not true.

stevetcg · Jan 13, 2009, 10:38 AM

Originally Posted by CRandy

If they can't tell by looking at you and you don't say anything or any one else. then how will they know. Someone I know had the same problem over 11 years ago nothing has ever been said.

When the child is born they will ask you if you have been married within the last 300 days (days may vary - was 300 in MA). If you lie you can be found guilty of perjury which is a very serious offense. Will she be found out? Probably not... unless the exhusband gets vindictive one day and claims the child out of spite. He would, of course, be found to not be the father, but it would allow her lie to be found out.

Lying to a court is never a good idea. And in this case, there is no reason to. If the exhusband isn't claiming rights to the child then its all moot.

Giving advice to commit a crime just because someone else got away with it is very dangerous advice. I know a guy that got away with drinking and driving...

JudyKayTee · Jan 13, 2009, 10:44 AM

Originally Posted by stevetcg

Giving advice to commit a crime just because someone else got away with it is very dangerous advice. I know a guy that got away with drinking and driving...

I think the correct phrase is "I know somebody and he has a cousin and the cousin has a friend and the friend works with a guy ..." :)

Fr_Chuck · Jan 13, 2009, 01:39 PM

When you filed for divorce I am sure part of the question on the forms was "are you now pregnant"

If you are now 3 days from final divorce I doubt personally it will even be asked again now.
But your attorney should be informed.

cdad · Jan 13, 2009, 01:51 PM

At worst the courts would extend the divorce deadline for the term of the pregnancy and expect someone in court for DNA to claim the baby. This is something that should have been considered before action were taken.