For most individuals, a final divorce hearing is filled with emotions, stress, and the
anticlimactic conclusion to a lengthy 120+ day divorce process. For some, it is the end
of a relationship, and for others, it is the start of a new chapter.

Whether you are looking forward to or dreading the end of your marriage, here is a less expected consideration to prepare you for your visit to family court.

For women, it is standard procedure for the Commissioner, Judge, your personal attorney, or your ex-partner’s counsel to ask you a somewhat invasive question: “are you currently pregnant?” Yes, this question still needs to be asked to older parties—even if you are well past the age window to bear children.

Why? Chances are, after the 120 days since the filing for divorce, you will ascertain whether you are in fact pregnant or not. Still, surprises happen. The Court asks this question to address an unexpected pregnancy. Even if a woman is certain that their pregnancy was caused by a person other than the one who they are divorcing from, it is the presumption of Wisconsin family law pursuant to Wis. Stat. § 891.41(1)(a) to presume the following: the father is presumed to be the man who is married to the natural mother of a child who is conceived or born after marriage but before the granting of a decree of legal separation, annulment or divorce. To rebut this presumption, Wis. Stat. § 891.41(2) requires that a party provide the results of a genetic test showing the probability of 99.0% or higher that another man is the father of the child. Only then can the Court conclude with Maury’s motto “[he] is not the Father!”

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