Am I able to get dissolution when I have a child that is not my husbands? 20 Answers as of June 08, 2011

Am 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.

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Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
In Oregon, You can get a divorce.
Answer Applies to: Oregon
Replied: 6/8/2011
Deal & Hooks, LLC
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
Replied: 6/8/2011
The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
Your having another child should in no way preclude you from being able to get a divorce.
Answer Applies to: Illinois
Replied: 6/7/2011
Joanna Mitchell & Associates, P.A.
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
Replied: 6/7/2011
Warner Center Law Offices of Donald F. Conviser
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
Replied: 6/7/2011
    Theodore W. Robinson, P.C.
    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
    Replied: 6/7/2011
    Law Office of Karen A. Clark, L.L.C.
    Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
    The fact that you had a child after you and your husband separated should not affect the dissolution.
    Answer Applies to: Washington
    Replied: 6/6/2011
    Beaulier Law Office
    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
    Replied: 6/7/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Yes you can. The divorce just won't concern your 3 year old daughter.
    Answer Applies to: Connecticut
    Replied: 6/7/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Yes, in Ohio and Michigan you can still get a dissolution. But remember: you will have to work with your husband to get it done. Talk with your local domestic relations attorney for further information.
    Answer Applies to: Ohio
    Replied: 6/7/2011
    Gregory T. Buckley, Attorney at Law
    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
    Replied: 6/7/2011
    Doi/Luke, Attorneys at Law, LLLC
    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
    Replied: 6/7/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, yes, the fact that you have had a child since separation will not prevent you from being able to get divorced.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Legally that other child is your husband's too. You will need a lawyer to untangle that presumption in a divorce.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, you can still petition the court to dissolve your marriage. Having a child with a different man other than your husband does not prohibit a divorce from your husband.
    Answer Applies to: California
    Replied: 6/7/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Of course, you can get a divorce from your husband. The fact that you have been separated and have a child with another person only makes divorce that much more necessary.
    Answer Applies to: Massachusetts
    Replied: 6/6/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. You can get divorced. If you are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/6/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 6/6/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes; you will just have to state in the divorce that the younger child is not part of the marriage.
    Answer Applies to: Connecticut
    Replied: 6/6/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can get a divorce from your husband even though you are separated and have a child by another man.
    Answer Applies to: Georgia
    Replied: 6/6/2011
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