Hello… I have a question my husband and I have been separated for a little over a year now… We both are seeing other people… I been trying to get our divorce done but i just move back to nc and August will be 6 month and i know i can file then… He been here for a year now… We have 2 kids together one was born out of wedlock and one in… On top of that he knows im pregnant now due at the end of September… I been told that since we are not divorced that his last name has to go on the birth certificate? Is this true? We both dont have money for a lawyer and we are agree on our kids… I have printed him out divorce papers and only thing we have to do is fill them out… So can someone please answer this question for me…
Since the baby was conceived while you were married to your husband, your husband will be considered the legal father. To change this, the biological father would have to sign an affidavit of parentage and proceed with a legitimation proceeding and/or have paternity established through the courts after the baby has been born, which will include DNA testing.
As to the baby’s last name, NC law (N.C.G.S. 130A-101(e)) states “the surname of the child shall be the same as that of the husband, except that upon agreement of the husband and mother…any surname may be chosen.”
If your husband has been a resident of the State of NC for the last 6 months, then he can file the absolute divorce complaint and you can accept service of the complaint. Otherwise you will have to wait until August when you have been a resident for the previous 6 months.
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