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My wife and I are seperated and shes pregnant

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KeithWalker

Junior Member
Michigan,My wife and I spilt up after 1 year because of I couldnt live with her. anyway now Im told shes is knocked up by some guy but I havent devorced hher yet. we both agree to it. If she is pregnant am I responsible if we are still legaly married?
 


mistoffolees

Senior Member
Michigan,My wife and I spilt up after 1 year because of I couldnt live with her. anyway now Im told shes is knocked up by some guy but I havent devorced hher yet. we both agree to it. If she is pregnant am I responsible if we are still legaly married?
Congratulations, you're a father (or will be soon) - at least as far as the law is concerned.

You're not going to get a divorce while she's pregnant. You WILL have to disestablish paternity unless you want to spend 18 years supporting someone else's kid. You probably don't want to do this without an attorney, though.
 

latigo

Senior Member
My guess is that Michigan follows the same legal presumption, as do most of the states:

If a child is born or conceived during marriage there is a rebuttable presumption that the husband is the biological father.

If the estranged wife will not concede and thereby satisfactorily convince the court that it is not yours, but another named man’s child, then you will need to request the court to order genetic testing to be performed once the child is delivered.

You definitely need legal help with this. There is too much at stake financially for you to go it alone.

For instance your attorney should do some aggressive pre-trial discovery to develop whatever sexual relationships she has had, with whom and when, etc.

Eighteen years of supporting someone else’s child will cover a lot of attorney fees. Besides if the child is yours, you would surely want to acknowledge it.
 

LdiJ

Senior Member
My guess is that Michigan follows the same legal presumption, as do most of the states:

If a child is born or conceived during marriage there is a rebuttable presumption that the husband is the biological father.

If the estranged wife will not concede and thereby satisfactorily convince the court that it is not yours, but another named man’s child, then you will need to request the court to order genetic testing to be performed once the child is delivered.

You definitely need legal help with this. There is too much at stake financially for you to go it alone.

For instance your attorney should do some aggressive pre-trial discovery to develop whatever sexual relationships she has had, with whom and when, etc.

Eighteen years of supporting someone else’s child will cover a lot of attorney fees. Besides if the child is yours, you would surely want to acknowledge it.
I don't know that he has to spend the money to do a lot of agressive pretrial discovery. He just needs to ask for a DNA test if his sbtx won't conceed that its not his child. That will conclusively determine whether or not he is the father.
 

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