QUESTION
Can we get a divorce without going through a paternity test?
Asked on Sep 24th, 2013 on Divorce - Florida
More details to this question:
We've only been married 3 months. I entered the marriage pregnant. Husband is not the father. He was at boot camp when I conceived. Will the divorce go through without the paternity mess if we both say it isn't husband's?
5 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Not in Michigan. In Michigan the husband at time of birth is presumed to be the parent.. there is a new procedure to overturn this presumption so follow those procedures. The issue really is who pays child support for the kid's upbringing.
Answered on Sep 25th, 2013 at 11:55 AM
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The answer to this depends on your specific assigned Judge. Consult with a local attorney to learn how your assigned Court handles this situation. Your husband is presumed to be the legal father of any child born during your marriage, regardless, but some Courts will allow disestablishment of paternity by testimony (usually this is only if husband, wife, AND the actual biological father all come in and testify) but some require the test.
Answered on Sep 25th, 2013 at 11:02 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Yes, in Utah, if both the husband and wife agree that the child with whom the wife is pregnant is not the offspring of the husband, then they can indicate this in their pleadings in the course of getting divorced and asked the court to declare the husband not to be the father of the wife's child with whom she is currently pregnant. Not only can the husband and wife agree to have the court ruled the child not to be fathered by the husband, but if you don't make this known to the court at the time of the divorce and have the court declare the child not the offspring of the husband, then the child will be *presumed *to be the offspring of the marriage, and the husband will be obligated to support the child as his own. If you are thinking of getting a divorce under the circumstances by doing this yourself without an attorney's assistance, I would strongly advise against this. This is a tricky situation that will benefit from a knowledgeable attorney's assistance in drafting the documents needed.
Answered on Sep 25th, 2013 at 10:28 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Yes. But if I were husband, I would want an affirmative statement that the child is not mine so that later there can be no changes of heart.
Answered on Sep 25th, 2013 at 10:24 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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It depends on the Judge, that is a decision reserved for the court.
Answered on Sep 25th, 2013 at 10:17 AM