QUESTION

I cannot find my ex spouse, how do I find out if the baby is mine or not?

Asked on Jan 15th, 2015 on Divorce - Oklahoma
More details to this question:
She left while she was pregnant. I don't know if the baby was mine or not. She admitted she cheated and left in 2010. I haven't heard anything from her since then. I don't know if the baby is mine.
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1 ANSWER

If a couple are married (or divorced within 10 months) at the time of conception, then there is a rebuttable presumption the child is of the marriage. If there has not been a divorce to rebut the presumption, then the child may be considered the husband's. Without knowing what your spouse did after she left, it is difficult to discern whether the child is considered yours or not. You say ex-spouse, but did you actually divorce? You can always file for divorce. There are ways of finding out where she is, but you or your attorney may have to hire a private detective if she cannot be found through less expensive means. Because your case has these complications, and you have waited so long to get a divorce, you will likely need to hire an attorney for the divorce/paternity action.
Answered on Jan 16th, 2015 at 12:15 PM

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