Do I file my divorce papers without including my children? 1 Answers as of August 18, 2011I am filing for divorce in colorado, but we were married in california. He still lives in Ca. I had a child born before we were married. He is not on her birth certificate and has never lived with her. Do I file "with no children" because she isnt legally his? I am pregnant now but it is also not his. We have been separated since 2009.
John E. Kirchner, Attorney at Law | John Kirchner
You need to identify the children in the divorce papers and then provide the relevant information as to whether or not your husband is the father. The child born before the marriage is clearly not his (unless he later adopted her). The child you are carrying now will be presumed to be your husband's child because you are still married. The divorce court can enter a ruling that your husband is not the father, but the judge will probably want proof that he is not the father and evidence as to who the actual father is.
Answer Applies to: Colorado