QUESTION
What happens if I file divorce and don't include the kids we had together?
Asked on Nov 24th, 2012 on Divorce - South Carolina
More details to this question:
We were both young and had kids and then got married on paper later. The marriage was after the kids and we have mutual agreement with everything. We both live in two different states and just want to hurry with the divorce but if the kids are added into paper it could complicate things. Can we both file uncontested divorce indicating no kids involved during the marriage?
8 ANSWERS
If you have minor child who are biologically both of yours, they need to be included in your divorce papers you have committed perjury. The law requires full disclosure of all material facts and biological minor children certainly fall within that category. If the children are adult, then you do not need to list them.
Answered on Nov 29th, 2012 at 4:05 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You need to include the kids in the proceeding. It is unlikely that the Judge would allow a divorce to proceed without provisions for the children. Consult with an attorney in the state where the kids are living to resolve this matter.
Answered on Nov 27th, 2012 at 11:03 AM
Michael Paul Vollandt
No. That is a fraud getting out of the gate. If you have a parenting plan then put it into a judgment. You can not just pick an choose what you want to do with the children. Trying to do what you want to do will actually really muck up the entire divorce. You or you husband can file where one of the other file and then work out a stipulation for a judgment and complete it once and for all.
Answered on Nov 27th, 2012 at 11:03 AM
No, your children of the relationship must be acknowledged and dealt with. Wherever the children reside, that parent should file. You should consult a family law attorney about how to proceed, since you agree about the split doing the necessary documents should not be difficult.
Answered on Nov 27th, 2012 at 11:02 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You cannot file without including the kids. You can reach an agreement about the kids and include it in the paperwork. If there are minor kids, they need to be included in the paperwork, otherwise, you are lying to the Court.
Answered on Nov 27th, 2012 at 11:02 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington you'd be committing perjury because the petition will ask you if there are children and you have to swear the petition is true.
Answered on Nov 27th, 2012 at 11:01 AM
You will be committing perjury.
Answered on Nov 27th, 2012 at 11:00 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, you should probably not proceed in this manner. First, you would be committing a fraud upon the Court which you cannot and should not do. So long as you are both in agreement on everything, the children should not likely complicate matters. At any rate, the children were born as a result of your romantic relationship which later resulted in this marriage and therefore, the children and their best interest should be the most important consideration in this divorce. You should consult with a local family law attorney as soon as possible regarding this matter.
Answered on Nov 27th, 2012 at 10:59 AM