I had a child with a man not my husband when separate but legally married. He is not my husbands but am filing for a divorce do I include my son in the divorce paper

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I had a child with a man not my husband when separate but legally married. He is not my husbands but am filing for a divorce do I include my son in the divorce paper

My husband is in prison for domestic
abuse and was in prison when my son was
concieved

Asked on February 21, 2018 under Family Law, Illinois

Answers:

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

Answered 3 years ago | Contributor

Has the parentage of the child been legally established?  In other words, has the natural Father signed paperwork establishing himself as the Father?  I can understand that you would be worried here since children born during a marriage are considered children of the marriage but so long as you have documentation or a court order establishing paternity with the natural Father then you can say that there are no children of the marriage for divorce purposes.  Good luck.


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