when filing a divorce and there was a child born during the marriage but not by the husband, do the forms that need to be filed include a child?

This is a very good question because children who are born during a marriage are legally presumed to be the husband's child.  But if he knows and acknowledges that it is not his husband, then is it still a "child of the marriage" that would need to be addressed in the divorce.  I don't think the answer to this question is clear, so when I am handling divorces with this issue I simply explain the situation and state that the child was born during the marriage, but is not a child of the marriage.  That way, you've covered it and are not concealing anything from the court.  Really all the judges are concerned about is whether there are custody, visitation, and child support issues that need to be determined in the divorce.  So assuming not, just inform the court in your written pleadings that there is nothing at issue pertaining to the child.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.