Husband not father, complicated divorce?

[helpplease123]

I would prefer location to be anon, if at all possible. I understand it may differ from state to state.

Situation: Man and wife are married, man and wife separate and plan to divorce. They live apart with little contact between each other.

Months later wife gets pregnant by an unknown man. Zero chance of the child to biologically be the husbands.

They want to obtain a divorce, the man would like to ensure that he has no financial obligations to the wife's child. The wife would like to ensure the husband has no rights or obligations regarding her child as well.

Can they do this in the divorce? Will it complicate things? Will this be possible with no biological father in the picture?

The child is and will be under a year old when the divorce is filed. The husband and wife always have lived apart, the husband has not acted as the father, nor has ever met the wife's child.

In addition, the man and wife live in different states. Will the divorce have to take place where the wife lives, considering that is the "home state" of the child?

Thanks in advance.

 

[Ohiogal]

I would prefer location to be anon, if at all possible. I understand it may differ from state to state.

Situation: Man and wife are married, man and wife separate and plan to divorce. They live apart with little contact between each other.

Months later wife gets pregnant by an unknown man. Zero chance of the child to biologically be the husbands.

They want to obtain a divorce, the man would like to ensure that he has no financial obligations to the wife's child. The wife would like to ensure the husband has no rights or obligations regarding her child as well.

Can they do this in the divorce? Will it complicate things? Will this be possible with no biological father in the picture?

The child is and will be under a year old when the divorce is filed. The husband and wife always have lived apart, the husband has not acted as the father, nor has ever met the wife's child.

In addition, the man and wife live in different states. Will the divorce have to take place where the wife lives, considering that is the "home state" of the child?

Thanks in advance.

If in the US, the child's paternity must be disestablished during the divorce. The divorce can take place in either state.

 

[Silverplum]

I would prefer location to be anon, if at all possible. I understand it may differ from state to state.

Situation: Man and wife are married, man and wife separate and plan to divorce. They live apart with little contact between each other.

Months later wife gets pregnant by an unknown man. Zero chance of the child to biologically be the husbands.

This is a situation happening in every single state. It's not unique. It's stupid and shortsighted, but not unique.

If you want further info, give the state names. Nobody will figure out that it's YOU.

 

[helpplease123]

This is a situation happening in every single state. It's not unique. It's stupid and shortsighted, but not unique.

If you want further info, give the state names. Nobody will figure out that it's YOU.

The divorce will take place in either NH or MA, depending on who files.

 

[Silverplum]

The divorce will take place in either NH or MA, depending on who files.

General info: http://www.familylawyermagazine.com/articles/paternity

MA paternity laws and selected cases: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/paternity.html

NH family law: http://www.gencourt.state.nh.us/rsa/html/xliii/461-a/461-a-mrg.htm

Regardless, the husband will be regarded as the father if he or the wife or the "real father" do not contest paternity.

 

[helpplease123]

Both husband and wife agree he is not the father and want the husband to be removed as the legal father.
Can this just be put in the petition.
Is it as simple as explaining to the situation to the judge, DNA if needed? Or would it be a longer process?
The rest of the divorce is cut and dry.
Husband and wife have already split everything, already take care of themselves, no children together, just want the legal tie of husband and wife to end.

 

[LdiJ]

Both husband and wife agree he is not the father and want the husband to be removed as the legal father.
Can this just be put in the petition.
Is it as simple as explaining to the situation to the judge, DNA if needed? Or would it be a longer process?
The rest of the divorce is cut and dry.
Husband and wife have already split everything, already take care of themselves, no children together, just want the legal tie of husband and wife to end.

Its often just as simple as putting in the stipulated divorce agreement that the wife concieved a child during the marriage and that the husband is not the father of the child, because the husband and wife separated XXX amount of time before the child was conceived. However, its also possible that a judge would require a DNA test to confirm that...particularly if there is not a bio-dad stepping up to the plate at the same time.