Legal Question in Family Law in New Jersey

Not Legally Separated and Seeking Divorce

A friend of mine wants to get a divorce. They have been separated for about 18 months (not legally), still living under the same roof. The wife also has a boyfriend. They are currently trying to sell their two-family house. As for the divorce, they both have agreed to file Uncontested.

Problem 1: She is presently 2 months pregnant with her boyfriend�s baby, whom she has been seeing for over a year. If she gives birth before the divorce papers are finalized, is my friend responsible for this child?

Problem 2: Since they have not been legally separated for 18 months what are their options for filing divorce papers?


Asked on 10/16/03, 2:45 pm

3 Answers from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Not Legally Separated and Seeking Divorce

If the child is not his, he should not allow her to put his name on the birth certificate and he should refuse to support the child. However, there is a presumption in the law that the child is his if it was conceived during their marriage. If she tries to claim that he is the father, he will have to ask for and pay for a paternity test. There are many causes of action for divorce other than 18 month separation. They are based upon fault (ie. adultery, extreme cruelty), however they have no real bearing on the issues to be resolved in their divorce. If you or your friend would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 10/16/03, 3:01 pm
Bernard J. Berkowitz Berkowitz & Raiken

Re: Not Legally Separated and Seeking Divorce

They need an agreement as soon as possible and the husband should file for a divorce based on adultry or cruelty to avoid being responsible for the baby. They should each see an attorney as soon as possible to get this started. If you want further help, please call my office.

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Answered on 10/16/03, 3:28 pm
Gary Moore Gary Moore Attorney At Law

Re: Not Legally Separated and Seeking Divorce

New Jersey is a no fault state; getting divorce is no problem. The child's real father will have to provide child support. "uncontested" does not mean stupid. Good, professional legal advice is necessary to determine whether not contesting the divorce means that one is giving away the farm.

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Answered on 10/16/03, 11:06 pm


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