I HAD A CHILD BY ANOTHERMAN WHILE STILL BEING MARRIED BUT WE WERE SEPARATED, WILL THAT AFFECT ME WHEN WE GO TO COURT FOR THE DIVORCE?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I HAD A CHILD BY ANOTHERMAN WHILE STILL BEING MARRIED BUT WE WERE SEPARATED, WILL THAT AFFECT ME WHEN WE GO TO COURT FOR THE DIVORCE?

Asked on August 20, 2010 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

California is a community property state - the only time having a child will impact you in a divorce in a community property state is if your husband has been providing for this child, claiming it as his own at any time during the marriage, whether you were separated or not.   If he is on the birth certificate, and/or provided for the child, you, he, and the court, will need to reconcile the statutory presumption that this child, born in a marriage, would be considered his.  If he has not provided for the child and is not intending to, and the child is not his, it must be made known to the court that he will not provide support for the child.  Since California recognizes legal separation, any costs incurred for the child while you were separated would be your debt and not community debt.

California ia a "No-fault" State, which means either of you can file for divorce, and adultery and children not of the husbands are not considerations in a no fault State.  If you are certain the child is not your husbands, you must make that fact known to the court.  If it is not certain, then a paternity test ordered by the court would reconcile the issue. 

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

Answered 13 years ago | Contributor

Affect you in what way?  As a ground for divorce? In the distribution of your marital assets?  It should not affect anything.  California is a no-fault divorce state - in fact it was the first to implement it - and  California is a Community Property state and marital property is split 50/50.  The Court does not look at who did what to decide anything. The court does not even consider fault in deciding spousal support issues.  What I would be concerned about is that children born during a marriage are assumed to be children of the marriage.  So that issue needs to be addressed satisfactorily for the court in order to move past child support issues during the distribution and support portion of the proceeding.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption