Q: I want to file for divorce from my husband of 5 years. Can I also file for child support if he is not the father?
He is not the biological father of my 14 year old and 12 year old.
A: Is he listed on the birth certificate? Did he adopt the children? If not, then he has no legal obligation to support them. With regard to the divorce, you have to be separated for 1 year prior to being able to file, unless you have grounds for a divorce (ie: adultery, desertion). Consult an attorney if you have questions regarding fault grounds.
Wayne E. Holcomb agrees with this answer
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