Uncontested Divorce in Texas

My daughter is married and has been separated for a while.During her separation she conceived a child with another man who she is not able to find and does not want him to pay child support. Her husband is willing to take a DNA test to prove he is not the biological father. Does she have to prove paternity before she is granted a divorce She is wanting to file for divorce without hiring a attorney.

Asked on March 18, 2017 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Generally speaking, children conceived during a marriage are considered children OF the marriage even if the Husband is not the Father.  It all has to do with child support for the child.  I would strongly suggest that your daughter speak with an attorney on a consultation basis - maybe offer to pay for an hour of their time - to find out what type of documents (generally affidavits) that the Court may require so that things go off without a problem.  While she can ndeed check the box on uncontested divorce paperwork that says that there are no children of the marriage, she should be sure it doens't come back to haunt her in the end.  Good luck.


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