What Can I Do If My Separated Wife Had A Child With Someone Else?

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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.

Texas divorce attorney Maribel Cruz


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.

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