I’m trying to file an absolute divorce with my wife. We’ve been separated for over 2 years and now she is pregnant with someone else’s baby. She is due by the end of September.
If I file right now, do I need to disclose the pregnancy? She does not want to appear in court so the judge won’t see her. She is in agreement with the divorce and she said she won’t put my name on the birth certificate, but if her baby is born before our divorce is finalized, am I still legally the father and does it change the process of our divorce? If the baby is born after our divorce is finalize, is there anything I need to do to prove that I’m not the biological father?
I live in another state, if I hire an attorney, can the attorney go to the clerk and file my papers on my behalf?
You are eligible to file for divorce now under NC law due to a longer than one-year separation period.
You don’t need to disclose the pregnancy in the divorce complaint, but you do need to include the full names and dates of birth of any children you have together or include a statement that no children were born of the marriage.
You can hire a lawyer in NC to handle the divorce for you without your presence in NC, as long as your wife resides in NC and has for the last 6 months.
You are considered the legal father due to the marriage. If she asks for child support from the biological father, child support enforcement can do a paternity test to confirm and prove you are not the biological father and therefore not responsible for the child.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks for the response. Just to make sure, I will still be considered legal father even though I’m not on the birth certificate and her child is born after the divorce is finalized? Is there anything I can do during the divorce process so that I won’t be considered the legal father when her child is born?
So if I hire a lawyer, they can do the filing process and going to court on my behalf without me physically being in NC?
There is nothing you can do within the divorce action other than to allege in the complaint that there were no children born of the marriage.
Yes, if you hire a lawyer, they can handle the entire absolute divorce process without you having to come to court in NC. You will have to sign the complaint before the lawyer can file it, but that can be sent by mail and you can have it notarized where you live.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.