The answer to this question is complicated, because under FL law, a child conceived during a lawful marriage is presumed to be a child of the marriage. Most judges ask at the uncontested final hearing if the wife is pregnant. There are some options that you can look into for a situation like this, including but not limited to pre-birth DNA testing to establish that your husband is not the biological father, so that you can have that evidence available at the uncontested final hearing, and can refer to it in your marital settlement agreement. You might also just include an acknowledgement of the pregnancy in your marital settlement agreement and that your husband is not the biological father, though this may potentially leave the door open for future legal issues.
Answered on Oct 07th, 2013 at 9:21 AM