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. 

QUESTIONS

  • 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?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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