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  1. #1
    Join Date
    Jul 2005
    Location
    TEXAS
    Posts
    1

    Default file divorce w/or w/out children?

    Due to lack of funds we are resigned to a do it yourself divorce. My fiance and his wife have been separated for four years. Last December the wife had a baby with her boyfriend who signed the acknowledgement of paternity and the husband signed the denial of paternity. A week later I had a baby with the husband who signed the acknowledgement of paternity.

    Our confusion lies with which divorce forms to file... with or without children? One child has been born to each spouse but no children to both spouses.

    If we file with children do both children need to be named in the papers?

    help!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Texas Divorce

    The Clerk of the Court may be able to help you figure things out, or you may wish to consult a local attorney about this issue. Normally, you would have to resolve the issue of paternity through the divorce proceedings, so as to have the child(ren) determined to be "no of the marriage". The affidavits should resolve the issue of paternity, such that no further court ruling is necessary; but that doesn't necessarily resolve the question of which type of divorce to file.

    Either way, you will probably need to identify the children in the complaint, and request a judgment which affirms that they are not of the marriage, and thus that no custody or support issues are implicated.

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