Legal Question in Family Law in Texas
Filed for divorce using standard paperwork. Wife is pregnant by another man. Paperwork said before divorce could be granted, paternity must be established by adjudicate parentage and denial of parentage by father. She does not want any paperwork or court filings stating who the actual father is though. We are still friends and want nothing from each other but a divorce granted. Is there another option?
1 Answer from Attorneys
There is no legal requirement that you establish paternity of the child before you get a divorce.
If the child was born during the marriage but is not a product of the marriage, the courts will require proof of that, since one of the strongest presumptions in the law is that a child born to a married woman is the child of her husband (that's why married people who have children don't have to go to Court to establish paternity).
You can:
1. Do DNA testing with you, the child, and your wife. It will show "0" as the probability of paternity.
2. The real father can come forward and file his own paternity suit, and do his own DNA testing.
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