DNA Report - Child is not Mine - Annulment?

[Kenneth2009]

Hello,

About ten months ago, my wife (girlfriend at the time) told me she was pregnant. I married her immediately under the assumption that the child was mine. Recently, I found out through two different DNA reports that the child is not mine.

1) Does this marriage qualify for an annulment?

2) If yes, then will I be liable for past medical insurance payments (OBGYN visits, labor & delivery, etc)? She is currently on my company medical plan.

3) If no, then I will be getting a divorce. Will there be any spouse support and property division if she sought for them under a divorce since it's less than a year?

The reason why I ran the DNA reports was because she acted suspiously on our honeymoon. She made calls to a susposedly ex-bf that she never told me about.

We were married in California and still live together in California. We've been married for ten months. She does not know about the DNA reports but I will be confronting her this week after I get more information on a proper dissolvement.

Any advice would be greatly appreciated.What is the name of your state (only U.S. law)?

 

[Ohiogal]

Hello,

About ten months ago, my wife (girlfriend at the time) told me she was pregnant. I married her immediately under the assumption that the child was mine. Recently, I found out through two different DNA reports that the child is not mine.

1) Does this marriage qualify for an annulment?

Nope. Because you married her when you knew (or should have known) the child was not yours. How old is the child?

2) If yes, then will I be liable for past medical insurance payments (OBGYN visits, labor & delivery, etc)? She is currently on my company medical plan.

Yes you will. YOU married her and are legally the child's father. YOU made that CHOICE.

3) If no, then I will be getting a divorce. Will there be any spouse support and property division if she sought for them under a divorce since it's less than a year?

Yes there will property division of all marital property. Depends on what marital property exists however. Also there will be child support being paid for YOUR child as you are the legal father until disestablished.

The reason why I ran the DNA reports was because she acted suspiously on our honeymoon. She made calls to a susposedly ex-bf that she never told me about.

And?

We were married in California and still live together in California. We've been married for ten months. She does not know about the DNA reports but I will be confronting her this week after I get more information on a proper dissolvement.

Get a divorce. File to disestablish paternity at that time.

 

[Kenneth2009]

Response

Thanks for your response.

The child is now 3 months old. I did not know that the child is not mine at the time of marriage and wouldn't have known, either. I was shocked by the DNA results and that is why I had it done twice.

About the division of property. I am hearing something about an one year rule in California?

 

[mommyof4]

Thanks for your response.

The child is now 3 months old. I did not know that the child is not mine at the time of marriage and wouldn't have known, either. I was shocked by the DNA results and that is why I had it done twice.

About the division of property. I am hearing something about an one year rule in California?

I'm not being intentionally mean, but you couldn't have been that shocked. After all, you were suspicious enough to secretly administer 2 DNA tests. That's not a parent's normal reaction when presented with a new born child they believe is their own child.

 

[Ohiogal]

Thanks for your response.

The child is now 3 months old. I did not know that the child is not mine at the time of marriage and wouldn't have known, either. I was shocked by the DNA results and that is why I had it done twice.

About the division of property. I am hearing something about an one year rule in California?

Am not aware of a one year rule. Any MARITAL property will be divided.

 

[Kenneth2009]

What is needed to prove that i was intentionally misled to thinking i'm the biological father just to get me to marry her? I live in a culture where if i'm the biological father, i am expected to marry the woman.

My doubts came after the marriage, not before.

 

[LdiJ]

Am not aware of a one year rule. Any MARITAL property will be divided.

Just to reiterate...marital property is property, equity or assets that accrued during the marriage, which probably is not much, considering how short your marriage has been.

 

[mistoffolees]

What is needed to prove that i was intentionally misled to thinking i'm the biological father just to get me to marry her? I live in a culture where if i'm the biological father, i am expected to marry the woman.

My doubts came after the marriage, not before.

SpecificallY:
"The type of "fraud" sufficient to support a judgment of nullity must go to the very essence of the marital [or domestic partnership] relation. Thus, fraud or deceit sufficient to avoid an ordinary contract will not necessarily warrant a judgment of nullity. The alleged misrepresentation or concealment must have been "vital to the relationship," directly affecting the purpose of the deceived party in consenting to the marriage/domestic partnership."

I'm not an attorney, but it seems that you might have a good case of establishing those grounds. However, you still have the problem of evidence. While you can prove that the child is not yours, how are you going to prove all of the following:
1. That she told you she was pregnant with your child
2. That she KNEW it was not your child
3. That you would not have married her if you had known it wasn't your child.

I'm concerned about what proof you're going to have of those things, particularly #2. The fact that you married her on that basis indicates that it was possible that it was your child. So how do you plan that she knowingly deceived you?

You need to read up on the rules of evidence in your state, but it sounds like an uphill battle. You might be better off (cheaper and faster) getting a divorce and disestablishing paternity.

 

[Kenneth2009]

Thanks for all the replies. I understand that an annulment would be the more difficult route that may even lead to disappointments. I wanted to fully understand my options.

So is divorce and paternity disestablishment something that could be done online and without a lawyer? Or does it depend on the other party's cooperation?

I have a consultation scheduled with an attorney later this week, but I would like to do as much fact finding as I can prior to the meeting.

Thanks!

 

[mistoffolees]

Thanks for all the replies. I understand that an annulment would be the more difficult route that may even lead to disappointments. I wanted to fully understand my options.

So is divorce and paternity disestablishment something that could be done online and without a lawyer? Or does it depend on the other party's cooperation?

I have a consultation scheduled with an attorney later this week, but I would like to do as much fact finding as I can prior to the meeting.

Thanks!

If you have to ask, don't try it on your own.

If you mess it up, you're going to be paying child support for someone else's kid for at least 18 years and possibly alimony for a little while. An attorney isn't that expensive in that scenario.

But, yes, it can be done without an attorney, but not online.

 

[JennK2009]

2. That she KNEW it was not your child

How about if she didn't know? She obviously slept with someone else and never said anything. She was probably just hoping it was the OP's. But I still like the attorney idea at this point.

How long does it take to get an annulment hearing and can you get an annulment after a divorce?

 

[mistoffolees]

2. That she KNEW it was not your child

How about if she didn't know? She obviously slept with someone else and never said anything. She was probably just hoping it was the OP's. But I still like the attorney idea at this point.

How long does it take to get an annulment hearing and can you get an annulment after a divorce?

If she didn't KNOW it was someone else's child, then she probably isn't guilty of fraud.

You can get a religious annulment after the divorce, but I don't know if you can get a legal annulment after you've gotten a divorce - nor is there a very good reason for going to all that extra expense.

 

[JennK2009]

Interesting. Thanks.
Good Luck, OP.

 

[Kenneth2009]

Just brainstorming here. . . Would she be liable for criminal charges if she were to admit that she tricked me into it? I wouldn't want that.

I am just trying to find the best way to dissolve this marriage.

 

[mommyof4]

Just brainstorming here. . . Would she be liable for criminal charges if she were to admit that she tricked me into it? I wouldn't want that.

I am just trying to find the best way to dissolve this marriage.

All right...this is ridiculous.

Did you or did you not have sex with the woman sometime around the window of coception (we're talking a month either way)?

If you did, then unless she had a prenatal DNA test proving that someone other than you was the father, she didn't 'trick' you into marriage due to your (and her) belief that you could be the father of the child. You could have VERY easily waited until after the child was born and paternity determined before taking the step of marriage.

Get a divorce, disestablish paternity, and move on with your life. Unless you managed to somehow earn a fortune in the 1 year you have been married, you're not going to be taken to the cleaners.