Married after child born. Is the child a ‘child of marriage’ or not.

Our daughter was born in 2006. We didn’t get married until 2008. The free online divorce papers refer to ‘child of marriage’ to determine which set of paperwork to complete. Is our daughter a ‘child of marriage’?

Asked on July 6, 2009 under Family Law, Texas

Answers:

Roy L. Reeves / Reeves Law Firm, P.C.

Answered 11 years ago | Contributor

I think you are looking to find information to complete a pro se divorce with children?  Is that correct?  First, I implore you to seek counsel - more on that below.  

The operative question is not when was the child born, but who are the parents?  A child is either:  Born of the marriage (ie:  he is daddy, we were married at the time), born during the marriage but not of the marriage (ie: we were married but he is not the daddy); born prior to the marriage (ie: he is the daddy we are just setting the record straight - though most people and attorneys just plead "of the marriage" in this context); or there are no children born or adopted during the marriage (born before we married and he is not daddy).

Now, back to why you should consider an attorney:  anytime you and your spouse can agree to enough stuff to finish a pro se divorce, you could hire one lawyer and get an uncontested divorce for only a little more money and have it done by a professional.  By way of explanation, in Collin County, the filing fee is $259 per case, then you have to find the forms (generally people buy them from a service, though a few copy a friends docs or go to the library), forms sets cost about $250-300.  Assuming you are on the low end, you will incur $500 in cost, then if you want certified decrees, $5 per page (decree with child support and custody provisions can run 35 - 45 pages ($200 each copy).  Finally, after paying this $900 in fees to the court, you have to figure out what to do, how to do it, how to file, schedule, and prove it up.  Then if there are mistakes, it gets really expensive to fix later.  On the other hand, a skilled attorney can turn a paralegal loose to draft the docs, pay the filing fees $259, secure certified copies in for $5 each decree, not per page - one of the benefits of being an officer of the court, plus in Collin County, uncontested divorces with attorneys go first, so you save time at the courthouse and it is done right.  

You can find more information on my website at:

www.planoattorney.net


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