Q: My husband isn't a father of my child. He signed affidavit of non-paternity. Do we qualify for simplified divorce in FL?
I had a child while being married to my husband (after we got separated). Now we both would like to end our marriage as soon and easy as possible. He signed affidavit of non-paternity. Can we file for simplified divorce in Florida and state that we don't have kids on the petition?
A: Yes, however, the judge may require that Paternity be established by the biological Father prior to granting you a judgment for dissolution of marriage. Good luck!
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A: You cannot file a simplified dissolution but you can file an uncontested dissolution. You will need to explain to the court about the child and the biological father may have to appear to confirm that he is financially responsible for the child. The law in Florida is that if you give birth while married then your husband is the "legal" father.
1 user found this answer helpful
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