What to do if you are divorcing and yourspouse is pregnant but it may not be your child?

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What to do if you are divorcing and yourspouse is pregnant but it may not be your child?

I am trying to find the best way to file for a divorce. My wife is pregnant and I am not sure if it’s mine. She has a son and has never had to work. She now has a boyfriend and has not been living here for the last 6 months, and before matbe 2 months total on and off for 6 months. I have spent almost $14,000 on getting her and her son’s needs met; this was my savinsg before we got married less than 1 year ago. She has past mental and drug problems and was abused as a child. She wants divorce but will not meet me to sign the papers. What can I do?

Asked on June 16, 2011 under Family Law, Arizona

Answers:

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

Answered 10 years ago | Contributor

You need to hire an attorney and have the paperwork served n her then filed n court.  If she does not answer then the divorce will be granted upon default.  Now, there is an assumption that a child born during a marriage or to a couple that will be getting divorced as close the the birth of the baby as you are, that the child is the product of the marriage.  So you are going to be hit with child support until you get a paternity test proving that you are not the baby's father. If you are, well then, you will be expected to pay support as well you should.  As for the money that you paid out to support her and her son, I can understand how you feel but it will really be seen as done out of the goodness of your heart.  But speak wit your lawyer about that as well.  Good luck.      


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