My wife and I have been separated for 4 years and she had a kid last year, we are filling for divorce

r/

Location: I live in Boone County, KY. My wife lives in Shelby County, TN.

We do not have a lot of money, so I am looking to file without a lawyer. My wife and I are in good speaking terms and are on the same page regarding the details of the divorce.

The issue I’m trying to understand is how I should file. The forms I’m looking at ask if my wife and I have any children under 18, either born or adopted as a result of the marriage. Her kid is not biologically mine, but for whatever legal reasons the hospital people gave her kid my last name (since my wife took my last name) and put me down as her father on the forms.

I am unsure whether her kid counts as my kid concerning the forms and the state’s definition “born or adopted as a result of the marriage”.

How should we proceed here?

Comments

  1. gmanose Avatar

    As long as you’re still married, the legal presumption is the child is yours.

    Get a paternity test asap before you find yourself paying child support

  2. Aghast_Cornichon Avatar

    > for whatever legal reasons the hospital people gave her kid my last name (since my wife took my last name) and put me down as her father on the forms.

    That is very normal when a married woman gives birth to a child. The child’s actual biological paternity, and the rights and duties you have toward that child, will be determined as part of the divorce.

    >her kid counts as my kid

    It does, until the court determines otherwise. Which is going to happen in due course.

    > I am looking to file without a lawyer.

    Don’t do it without at least some guidance and advice. The folks at Legal Aid of the Bluegrass might have a clinic you can attend.

    https://lablaw.org/pro-se-divorce-clinic