Legal Question in Family Law in Washington

Re: getting divorced

Interesting problem set. You cannot divorce him without demonstrating to the court the lengths that you have gone to to find him. You should contact a private investigator and start searching for him as soon as possible.

As you are a married woman, your husband is legally presumed to be the father of your child whether he actually is, or not.

Starting an action for divorce and asking for child support would likely get his attention.

Is the actual father on the child's birth certificate? Be sure to tell the court the truth.

Hope this helps. Elizabeth Powell

Re: getting divorced

Depending on how long you've resided in Washington, you can file for dissolution of marriage in Washington, however you will have to serve your husband either in person or via mail/publication. This means that you will have to attempt to find him, this can be done very easily by an private investigator. Although, the law presumes that your husband is the father, he will likely not be held to owe child support as the child is not one of the marriage. If you wish to file, I'm available on a flat fee basis for uncontested cases.