The Bronx, NY asked in Divorce and Family Law for New York

Q: Had a child while married (not husband’s child), can I file uncontested divorce as there will be no issue of support?NYC

Can I file divorce on my own or will I need the assitance of a lawyer? Both my husband and I agree to an uncontested divorce, child support is not an issue as husband is not the father.

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2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: The problem you will have is that any child born during the marriage is considered a child of the marriage. You should speak with an attorney before filing for the divorce.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Schenectady, NY
  • Licensed in New York

A: Anyone can file anything anywhere at any time they want. The problem will be whether the filing will be successful. Here, the couple can waive away whatever they want whether it is child support, pensions, savings, a home, or anything else.

The main question should be will the asker properly file a divorce packet so as to obtain a judgment of divorce? For the, we recommend an attorney.

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