Legal Question in Family Law in Virginia
my wife left me in aug 2008 with our son bought a house etc, i filed in feb 2009 and on advice i did a paturny test and found out he was not mine so that puts the concievement only 2 years in the marraige can i file for a anolment
and am i liable for child support? she also said if i date someone she will charge me with adultery, can she do that or am i free to do what i want
2 Answers from Attorneys
Since the marriage was consumated by living together and having sex, it is highly unlikely that you can get an annulment, so your recourse is divorce.
If the child has been proven not to be yours, you can avoid paying child support.
Unless you are expecting alimony from her, you probably do not care whether she charges you with adultery (assuming she could prove it, which is not easy). She also may be barred from charging you with adultery since she herself had to have committed adultery to have had a child two years into the marriage by some other man.
Your remedy for relief from a legal determination of paternity for this particular child would appear to lie with Va. Code Sec. 20-49.10. And, once it is determined by the court that you are in fact
not the biological father of this child, you would have no liability for paying for his or her support.
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