There is now and then the situation of a pregnancy during an already pending divorce proceeding.
The wife becomes pregnant through another man than through the spouse.
Here is to distinguish. If the child is born before the divorce becomes final, the law stipulates that the child is to be considered a legitimate child, even if the divorce then becomes final. This means that the husband legally becomes the father of the child, he gets joint custody by law and becomes liable to pay child support. Under inheritance law, the husband and the child are considered relatives, so as long as there is no challenge, they are mutually entitled to inheritance.
The actual (biological) father cannot be granted joint custody, a declaration of custody in this regard is not possible as long as the legal paternity is not effectively contested. Such contestation proceedings can only be initiated after the birth of the child.
If a woman becomes pregnant by another man during the divorce proceedings (or if the woman is already pregnant when the divorce proceedings are initiated), it is absolutely necessary to point out the urgency to the district court in order to speed up the divorce proceedings. Both the wife and the husband are not likely to have a regular interest in the divorce proceedings being concluded before the child is born, for the reasons mentioned above.
In addition, there is a possibility to declare a waiver of the right to appeal during the divorce proceedings, if the divorce is pronounced. But this is only possible if both spouses are represented by a lawyer. If only one spouse is represented by a lawyer, such a waiver cannot be validly declared by the other spouse, then a divorce becomes final if the final decree has been served and no appeal has been lodged within the appeal period of one month from service. Depending on how close a probable birth date is to the court date for the divorce, it must be weighed up whether one wants to take the risk of a birth during the still open appeal period, whereby it must also be remembered that births can also sometimes occur earlier than predicted.
If the child is born before the divorce becomes final, there is the possibility of contesting paternity. Such a procedure is not particularly difficult, but it leads to further costs.
The wife becomes pregnant through her husband, then the marriage is divorced.
If the child is born before the divorce becomes final, the child is considered a legitimate child and the parents have joint custody. This does not change by the divorce. If the child is born after the divorce has become final, the father is considered to be the illegitimate father. Currently, the mother would then initially have sole custody by law. However, the father can apply for joint custody.
Through the husband becomes pregnant during the not yet legally divorced marriage another woman.
Regardless of whether the child is born before or after the divorce is final, this does not create a legal relationship with the wife. However, the birth of a child born out of wedlock as a result of its maintenance claim may have consequences for the maintenance claim of the wife or the legitimate children, as well as it is equally entitled to inherit from the husband as legitimate children.