How canI find out if I’m legally divorced?

My wife and I were married for 18 years. Approximately 5 years ago she had an affair and had a baby. We were trying to work things out. During the holidays I found out when I was traveling for work she had a boyfriend staying at our house. We filled for a divorce. On our first court date I asked her if she was pregnant she said no. She moved out about 4 months ago. I travel for work so I was not in court the day of our divorce (6/24). She texted me about 30 days ago and told me she was pregnant. She had a baby last Monday. Are we legally divorced? If not what do I need to do? The baby isn’t mine; I haven’ttouched her in 4 years. I don;t want to be legally reponsible for it.

Asked on September 7, 2010 under Family Law, Texas


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

Answered 10 years ago | Contributor

First of all, you need to check with the courts about the status of your divorce.  Many courts have systems that you can access on line that will let you know the status.  But I would STRONGLY suggest that you go down to the court house and pull you file to find out the status.  There is a presumption under the law that a child that is born during a marriage is a child OF the marriage and the parties to the marriage.  You may need to bring an action to establish paternity.  Some states allow you prepare an affidavit denying paternity but if your ex contests it then you could be sunk.  And I could see how the court might establish child support if your ex was visably showing at the time of the divorce or even postpone the proceedings because of same.  You may need to get some legal advice and help with all of this.  good luck. 

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