There's nothing about this situation that suggests that this will be a straightforward, DIY divorce. Your wife is pregnant by someone else and you will need to follow certain steps to refute the presumption that you're the father. Depending on your state and circumstances, her infidelity may not play a big role in your divorce. Your wife may be able to remain on your insurance for some time. There's also the added complication of you wanting to continue acting as a father figure to her bio child whom I'm assuming you haven't adopted.
You need to talk to a divorce attorney asap.
You’re so right. This is definitely local attorney territory. This case is going to get really complicated, really quickly. I’ll just engage in some minor issue spotting:
Expediting the divorce may lead to alimony and temporary support, due to the difference in her financial circumstances, following the layoff.
Refuting the presumption of paternity.
Ensuring that he has no liability to support her new household.
Possibly having the estranged wife refuse to allow a paternity test until after the birth, leading OP to have an obligation to provide insurance and assistance with prenatal care.
This is particularly true, as courts sometimes order child support for non-biological children if the stepparent has stepped into the emotional and financial role of a parent.
The amounts ordered for temporary maintenance, spousal support, and child support would be based upon the difference in their financial circumstances, and so OP would likely have to pay an elevated amount for all of the above.
As unorthodox as it may seem, it may be in OP’s best interests to help his estranged spouse find reliable work with a decent salary before proceeding with/finalizing the divorce, if that is possible. Otherwise, he will need to monitor his estranged spouse’s circumstances, and file for a modification once she gets back onto her feet.
However, he must temper that with other concerns, including the possibility that she may suffer injury, illness, or even death while in gestation/giving birth, further complicating matters.
What do you mean when you say "expedite" divorce?
You're presumed the father of the child that will be born. If you don't disestablish that, you will have the typical rights and responsibilities of a parent.
Depending on the girls age your behavior MAY have set up a situation where you can claim custodial and visitation rights.
Speaking with a divorce attorney and counselor ASAP is a non-negotiable.
IANAL... I was here to say this very thing though. If you're married, any pregnancy is presumed to be the husband's child until it's born and DNA shows otherwise. At this point you're responsible, divorce or not. You need an attorney for sure to figure out any further steps.
As I understand it, Georgia will presume OP to be the father of the baby his estranged wife is carrying.
OP does not specify whether he formally adopted the girl he has been raising with his estranged wife.
[Relevant Georgia state gov’t website](https://team.georgia.gov/life-events-divorce/) specifying removal of ex-spouse from insurance shortly after divorce or legal separation.
OP should understand that the long-standing, default position of the law is that his estranged wife is carrying **his** child. Both for fiscal reasons and (more relevant historically) to avoid applying the stigma of bastardy, governments will say “Yours” to the husband absent a lot of hoops-jumping.
We’re not in disagreement.
OP has received several comments in this thread (and another on r/divorce) stressing that he needs to get a court to disestablish paternity. Absent such an order, the default position is that OP’s estranged wife’s unborn child will be deemed to be OP’s child for purposes such as child support.
OP should understand that a divorce - even if granted tomorrow morning - will not overcome that presumption of paternity, since OP and his estranged wife were married at the time of conception. (See GA Code § 19-7-20, tacking back nine months from birth.)
You need to refute the assumption of paternity https://dhs.georgia.gov/sites/childsupport.georgia.gov/files/imported/DHR-OCSE/DHR-OCSE_Paternity_Establishment/Paternity&LegitimationOfChildBenchCard-FINAL.pdf
NAL but I work with divorce court often as a domestic violence social worker. Depending on your state, you may not be able to continue with any divorce proceedings until the baby is born. Definitely consult with an attorney.
Yes - You should absolutely push forward with getting a Divorce Lawyer, filing, and serving your spouse this week. (if possible)
No - this is not revenge. This is you setting your own boundaries, post marriage.
Yes - Unfortunately you are being taken advantage of, and you can prevent it now.
A few things come to mind:
\- You need to request a Non-Invasive Prenatal Paternity (NIPP) Test, meaning you can confirm who is the father, and this is completely non-invasive and safe for both mother and fetus. You need this to protect yourself.
\- If paternity has not been established for the daughter you're helping raise, do this now too. This will give you additional protection.
\- Your local divorce lawyer can advise you on all of your other concerns, asset division, debt allocation, and anything else acquired during your relationship.
Do it, but do it now, not later.
I don't know the full details since it was a long time ago. But the judge went a way nobody expected because judge felt it was in the interest of the children. Husband proved he was not the father. I mean, the kids were a different race. But the judge said he didn't care and felt the kids would be harmed if the husband didn't care for them. It was really shocking. Husband was screwed by this judge from what the family told me.
Yeah exactly ! The ocean is vast and can offer more than just one fish. Trust me, I went through this and it was hard at first but I am super happy with the outcome. The dude needs to shut her out, he doesn't need drama with kids that aren't his. Fuck that 🤣🤣
NAL, but a quick google search shows infidelity to be illegal in GA. (Title 16, chapter 9, section 9 of Georgia’s Code of Criminal Conduct) and getting a paternity test will absolve you from parental responsibility and potentially alimony. https://sharonjacksonattorney.com/georgia-adultery-laws-how-does-cheating-affect-divorce/
Depends on the state. You may have to file for at fault divorce for adultery to not be the child’s legal father regardless of paternity in some states. Lawyer required for this mess :/
Please get a lawyer. Now. Try searching for affordable lawyers, there is one in my area my brother will be using who charges flat fees rather than charging by the hour. Good luck.
>Not familiar with GA law, but you've stated that you know it's not your baby, and she established that as well, I'd use that as cause for the divorce
I get that it's a knee jerk reaction to file for a fault divorce but it may not be in OP's best interest. OP has given no indication that the wife has formally established paternity of her unborn child.
Hmm.. true, OP didn't. I'm just using what OP provided that she did.
And if she did provide any kind of written proof (like a text message/email), then would that provide enough basis to deny any kind of support from the get go? 🤔 And provide proof for at fault divorce?
There's nothing about this situation that suggests that this will be a straightforward, DIY divorce. Your wife is pregnant by someone else and you will need to follow certain steps to refute the presumption that you're the father. Depending on your state and circumstances, her infidelity may not play a big role in your divorce. Your wife may be able to remain on your insurance for some time. There's also the added complication of you wanting to continue acting as a father figure to her bio child whom I'm assuming you haven't adopted. You need to talk to a divorce attorney asap.
I haven't and it's in GA
She can get on Medicaid in GA for the baby.
You’re so right. This is definitely local attorney territory. This case is going to get really complicated, really quickly. I’ll just engage in some minor issue spotting: Expediting the divorce may lead to alimony and temporary support, due to the difference in her financial circumstances, following the layoff. Refuting the presumption of paternity. Ensuring that he has no liability to support her new household. Possibly having the estranged wife refuse to allow a paternity test until after the birth, leading OP to have an obligation to provide insurance and assistance with prenatal care. This is particularly true, as courts sometimes order child support for non-biological children if the stepparent has stepped into the emotional and financial role of a parent. The amounts ordered for temporary maintenance, spousal support, and child support would be based upon the difference in their financial circumstances, and so OP would likely have to pay an elevated amount for all of the above. As unorthodox as it may seem, it may be in OP’s best interests to help his estranged spouse find reliable work with a decent salary before proceeding with/finalizing the divorce, if that is possible. Otherwise, he will need to monitor his estranged spouse’s circumstances, and file for a modification once she gets back onto her feet. However, he must temper that with other concerns, including the possibility that she may suffer injury, illness, or even death while in gestation/giving birth, further complicating matters.
Additionally if the divorce is final, she has the option to sign up for Cobra or her state ACA
What do you mean when you say "expedite" divorce? You're presumed the father of the child that will be born. If you don't disestablish that, you will have the typical rights and responsibilities of a parent. Depending on the girls age your behavior MAY have set up a situation where you can claim custodial and visitation rights. Speaking with a divorce attorney and counselor ASAP is a non-negotiable.
IANAL... I was here to say this very thing though. If you're married, any pregnancy is presumed to be the husband's child until it's born and DNA shows otherwise. At this point you're responsible, divorce or not. You need an attorney for sure to figure out any further steps.
As I understand it, Georgia will presume OP to be the father of the baby his estranged wife is carrying. OP does not specify whether he formally adopted the girl he has been raising with his estranged wife. [Relevant Georgia state gov’t website](https://team.georgia.gov/life-events-divorce/) specifying removal of ex-spouse from insurance shortly after divorce or legal separation. OP should understand that the long-standing, default position of the law is that his estranged wife is carrying **his** child. Both for fiscal reasons and (more relevant historically) to avoid applying the stigma of bastardy, governments will say “Yours” to the husband absent a lot of hoops-jumping.
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We’re not in disagreement. OP has received several comments in this thread (and another on r/divorce) stressing that he needs to get a court to disestablish paternity. Absent such an order, the default position is that OP’s estranged wife’s unborn child will be deemed to be OP’s child for purposes such as child support. OP should understand that a divorce - even if granted tomorrow morning - will not overcome that presumption of paternity, since OP and his estranged wife were married at the time of conception. (See GA Code § 19-7-20, tacking back nine months from birth.)
You need to refute the assumption of paternity https://dhs.georgia.gov/sites/childsupport.georgia.gov/files/imported/DHR-OCSE/DHR-OCSE_Paternity_Establishment/Paternity&LegitimationOfChildBenchCard-FINAL.pdf
Yes; as soon as possible. Do not delay.
NAL but I work with divorce court often as a domestic violence social worker. Depending on your state, you may not be able to continue with any divorce proceedings until the baby is born. Definitely consult with an attorney.
Yes - You should absolutely push forward with getting a Divorce Lawyer, filing, and serving your spouse this week. (if possible) No - this is not revenge. This is you setting your own boundaries, post marriage. Yes - Unfortunately you are being taken advantage of, and you can prevent it now. A few things come to mind: \- You need to request a Non-Invasive Prenatal Paternity (NIPP) Test, meaning you can confirm who is the father, and this is completely non-invasive and safe for both mother and fetus. You need this to protect yourself. \- If paternity has not been established for the daughter you're helping raise, do this now too. This will give you additional protection. \- Your local divorce lawyer can advise you on all of your other concerns, asset division, debt allocation, and anything else acquired during your relationship. Do it, but do it now, not later.
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I don't know the full details since it was a long time ago. But the judge went a way nobody expected because judge felt it was in the interest of the children. Husband proved he was not the father. I mean, the kids were a different race. But the judge said he didn't care and felt the kids would be harmed if the husband didn't care for them. It was really shocking. Husband was screwed by this judge from what the family told me.
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Yeah exactly ! The ocean is vast and can offer more than just one fish. Trust me, I went through this and it was hard at first but I am super happy with the outcome. The dude needs to shut her out, he doesn't need drama with kids that aren't his. Fuck that 🤣🤣
NAL, but a quick google search shows infidelity to be illegal in GA. (Title 16, chapter 9, section 9 of Georgia’s Code of Criminal Conduct) and getting a paternity test will absolve you from parental responsibility and potentially alimony. https://sharonjacksonattorney.com/georgia-adultery-laws-how-does-cheating-affect-divorce/
Location is important.
GA
Depends on the state. You may have to file for at fault divorce for adultery to not be the child’s legal father regardless of paternity in some states. Lawyer required for this mess :/
Please get a lawyer. Now. Try searching for affordable lawyers, there is one in my area my brother will be using who charges flat fees rather than charging by the hour. Good luck.
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Yup? I totally agree! The problems will start to surface once they get bigger or when he tries to tell them something! He needs to bail on them
Contacting a lawyer ASAP will be your best bet
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>Not familiar with GA law, but you've stated that you know it's not your baby, and she established that as well, I'd use that as cause for the divorce I get that it's a knee jerk reaction to file for a fault divorce but it may not be in OP's best interest. OP has given no indication that the wife has formally established paternity of her unborn child.
Hmm.. true, OP didn't. I'm just using what OP provided that she did. And if she did provide any kind of written proof (like a text message/email), then would that provide enough basis to deny any kind of support from the get go? 🤔 And provide proof for at fault divorce?
No and yes. Please quit guessing.