My wife and I separated several years ago, and in that time she had a baby with someone else.
She claimed to have a paternity test done proving I am not the father, but has been evasive about providing me the paperwork. For purposes of divorce, I was told I would need to show the courts that is the case since the baby was born while we are still technically married.
How do I proceed? Our only shared property is bills, which I have been paying to help my credit.
In order to proceed, you will likely need to file for divorce. Where I practice, a husband is the father of any child born during the marriage. The way to get around the general rule is to conduct a paternity test.
Once the divorce is filed, you may request a paternity test and have her either ordered to produce her previous results or order the child to undergo a new paternity test.
Once it is proven that you are not the father, the divorce may be granted without child support or conservatorship, possession and access language, which are provisions discussing rights and duties parents have over children including visitation.
In Texas, you must wait 60 days after the date of filing to conclude the divorce. In most cases, divorces are not granted quite that quickly since the division of property must be determined.
If the debt was incurred during the marriage, it can be divided at divorce as well. However, your agreement was with the credit card company, and any non-payment will reflect on your credit score, even if the debt was awarded to your wife.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”