Divorce & Annulment

questions & answers

Question: A wife cheats and get pregnant by another man. The husband and wife are currently going through a divorce. If the child is born before the divorce is finalized is the husband responsible for the child even though it's not his?

Answer: You are correct that the law presumes the husband to be the father of the child.  As part of the court proceedings, ask that a determination of paternity be made.  The court will order a paternity test.  If you need some assistance, you may want to consult an attorney on the best way to proceed.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means  will offers a one hour consult with an attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625.  It is well worth the price of a consult to get this issue figured out before child support is awarded.