Am I able to get dissolution when I have a child that is not my husbands? 20 Answers as of June 08, 2011Am I able to get dissolution when I have a child that is not my husbands? I have been separated from my husband for over 5 years and have a 3-year-old daughter with my current boyfriend. My husband and I have a child together and I have a child support order for her.
Deal & Hooks, LLC | Shawn P. Hooks
You are still able to get a dissolution. You may need to have the father of your child establish paternity and/or make it clear that your husband is not the child's legal father. Because you were married when she was born your husband is presumed to be the legal father. Otherwise, there are no more complications than the usual issues that arise in a divorce/dissolution.
Answer Applies to: Ohio
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Yes, you can get divorced. You would just acknowledge in the divorce papers that the 3 year old is not a child "of the marriage". You may want to discuss the proper procedure with an experienced family law attorney and/or hire an attorney to assist you. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office.
Answer Applies to: Florida
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can divorce your husband. The child that you have with your boyfriend is not a child of your marriage, so you needn't include that child in your Petition. You should include the children of your marriage in your Petition. I would recommend that you retain an experienced Family Law Attorney to represent you in your divorce.
Answer Applies to: California
Theodore W. Robinson, P.C. | Theodore W. Robinson
It depends upon which state you live in. In NY we now have a no fault statute that allows you to get a divorce regardless of fault. The other aspects have no bearing upon getting a divorce. Speak to a matrimonial lawyer right away. Good luck.
Answer Applies to: New York
Beaulier Law Office | Maury Beaulier
Yes. Having a child with another person does not preclude a person from getting a divorce. However, the child would be presumed to be that of your spouse and, as a result, paternity of the child would have to be addressed as part of the divorce proceeding.
Answer Applies to: Minnesota
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Legally speaking, any child born during the marriage is presumed to be that of the mother's husband at the time. This can be dealt with by a joint stipulation as to the child's actual biological father. This fact will not prevent you from being able to get a divorce.
Answer Applies to: Florida
Doi/Luke, Attorneys at Law, LLLC | Gavin K. Doi
In Hawaii, this is still doable you would usually need to start a paternity action to have your boyfriend legally declared to be the father of your child, as well as have your husband *disestablished* as the father. This can be done as an independent legal action, or in a more expedited manner within the divorce action.
Answer Applies to: Hawaii
John E. Kirchner, Attorney at Law | John Kirchner
Yes. Having children, whether from the marriage or not, doesn't control whether you can dissolve the marriage. But, until you do dissolve the marriage every child born since the date of the marriage is presumed to be the child of your husband no matter how long you have lived separately. Your boyfriend may be the biological father, but until a court says he is the father and that your husband is not the father, your younger daughter is legally your husband's child. It isn't clear how/why you have a child support order only, but as part of the dissolution case it will be necessary to establish a parenting plan that allocates parental responsibilities and support obligations for children of the marriage, in addition to all other relevant financial and property issues.
Answer Applies to: Colorado