QUESTION

Could I open divorce and get her for adultery?

Asked on Sep 18th, 2013 on Divorce - Oklahoma
More details to this question:
She filed and our divorce is finalized however she committed adultery while I was away and conceived and gave birth to a another man's child while we were married although I am not on birth certificate. Could this be void because of her falsifying? Only child on divorce papers is our child.
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6 ANSWERS

Adultery has no legal consequences However you should know that a child born during marriage is presumed to be the Husbands child. Therefore you need to get an attorney to help untangle this or you could be paying for a child not your own.
Answered on Sep 20th, 2013 at 3:49 PM

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William M Stoddard
Your question is unclear. Are you being asked to have responsibility for the additional child. You can never reopen a dissolution unless it involves a missing child. In our state we are a no fault state - meaning it does not matter why the two of you? (or one of you) wanted to end the marriage. Adultery is a moral issue, not a legal one. If you are not being asked to pay support, there is not reason to do anything. If you are invited to let the younger child come with your child for visitation. consider it your community service to do so.? The second child knows nothing about how it was conceived and just wants to have love from a parental figure. You will get more benefits than you can possibly imagine, but again this is a moral issue, not a legal one.
Answered on Sep 20th, 2013 at 1:21 PM

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Bruce Provda
New York is a no fault state so it really wouldn't matter. You should on be responsible for child support for the child you fathered.
Answered on Sep 20th, 2013 at 12:26 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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No, your divorce is over and done. Move on with your life and let her wallow in hers.
Answered on Sep 20th, 2013 at 11:45 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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California is a "no fault" divorce state. It doesn't matter if a person commits adultery in a divorce case.
Answered on Sep 20th, 2013 at 11:44 AM

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Your divorce is final if it is final. Move on with your life, and without your cheating former wife. Is she even worth the time you seem to still spend thinking on her and her perceived lack of honor and commitment to you?
Answered on Sep 20th, 2013 at 11:42 AM

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