Is my divorce legal if I only claimed my biological child?

UPDATED: Oct 1, 2022

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Is my divorce legal if I only claimed my biological child?

My ex wife and I have 1 child together. While separated for many years, she had 2 other children with 2 other men. We both know that those other children are not biologically mine and they do not have my last name. We did a self-divorce and informed the judge that we only have 1 child together. The judge granted our divorce. My mother then informed me that my divorce is not

Asked on February 11, 2018 under Family Law, South Carolina


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

Answered 4 years ago | Contributor

Ok so it sounded like you did NOT tell the Judge about the other klds and then you said he knew.  How did he know?  Was there anything that said they were not your children that the Judge ruled on?  Please go and speak with an attorney to read your paper work to be sure.  It sounds like you are divorced.  I am not sure your Mother is correct there.  And it does not sound like your ex is going to set aside the divorce based upon any fraud or misrepresentation. Just get in to place what needs to be there for the sake of your future when it comes to the other kids.  Children born during a marriage are presumed to be a product of that marriage.  Good luck. 

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