Which divorce papers should I use if I have children born during my marriage but who are not my husband’s?

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Which divorce papers should I use if I have children born during my marriage but who are not my husband’s?

I have been married for 4 years I have been seperated from my estranged husband for 3 1/2 of those years. Since then I have had 2 children with a different man. My question is I am getting ready to finally file for divorce from my husband. I am a million percent sure that the 2 children are not his seeing as i have not seen him since he left so what type of divorce would I have to file with or without children?

Asked on April 20, 2012 under Family Law, Iowa

Answers:

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

Answered 9 years ago | Contributor

As a general rule, the law assumes that children born during a marriage are children OF the marriage and the assumption has to be rebitted during the divorce proceeding.  So as far as the law is concerned you have children with your husband.  I would consult with an attorney as to what you may need to do here as required under the law in your state - affidavits of paternity or non-paternity - to get things finalized.  Good luck.


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