If my now ex-wife was pregnant when we divorced but did not disclose the fact, if the baby is not mine does this have any affect on our divorce?

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If my now ex-wife was pregnant when we divorced but did not disclose the fact, if the baby is not mine does this have any affect on our divorce?

Asked on December 23, 2010 under Family Law, Arkansas

Answers:

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

Answered 11 years ago | Contributor

What you are really asking here is if her actions - which the way you are phrasing the issue would be considered adultery - would have affected your divorce settlement.  The issue of adultery can effect many things depending on your state laws (although I do not think that Arkansas does use it as a factor).  Adultery is a "fault" ground for divorce and can be a "fault" factor in determining things like distribution of marital assets when dividing marital property.  However, her actions may not have been considered adultery depending on when she entered in to the relationship with the other man and your filing for divorce.  It could also have been a concern as to child support and your signing an affidavit of non-paternity.  Seek some legal consultation in your area. 


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