If my wife already had achild before we married, Will they play any role in the divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my wife already had achild before we married, Will they play any role in the divorce?
I’ve been married for a little over a year. My wife and I are now getting a divorce. We agree on how to separate everything. The only question I have is she had a kid before we married, so will the kid play any role in the divorce? I also did not adopt the kid.
Asked on August 7, 2011 California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. It is good, though, that it seems to be an amicable split. The courts prefer that parties work the division of property out between them rather than having to order it. AS for her child, you should not be obligated to pay child support. She is not your biological child and you did not adopt her. The only glitch may be is if the child is being supported elsewhere. Let me explain. Is her father paying support? I have seen some decisions where a court will order support if there is a chance that the child will be destitute or become dependent on state aid. Seek legal help in your area. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.