QUESTION
Can I file for an uncontested divorce without children if the child I had while I was married is not my husband's?
Asked on Mar 20th, 2013 on Divorce - California
More details to this question:
My husband and I have not lived together for about 4 years now and I recently just had a child from someone else. We signed an Acknowledgement of Paternity and had it notarized at the attorney general's office. This includeds myself, my husband and my child's biological father. I am ready to file for divorce and my husband and I agree on everything. I just don't know if I should file uncontested with children or without. Please help.
4 ANSWERS
John Arthur Smitten
Yes you can however the final court order has to say there was a child born during the marriage but it is not his.
Answered on Mar 21st, 2013 at 7:52 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It could be uncontested with or without children.
Answered on Mar 21st, 2013 at 2:17 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If child is not with husband you can file uncontested.
Answered on Mar 21st, 2013 at 2:16 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Consulting a family lawyer when you have a complex situation is almost always a good idea. In the divorce petition you can state that you have a child who is not the child of the present marriage. You need not be a prisoner of a pre-printed form. Good Luck.
Answered on Mar 21st, 2013 at 2:16 PM