Florence, KY asked in Divorce, Family Law and Child Custody for Kentucky

Q: How can we file for an uncontested divorce and address paternity when I am not the biological father of my wife's child?

I have been separated from my wife for four years, and we are preparing to file for an uncontested divorce. During our separation, my wife had a child with another man last year, but I am listed as the presumed father. My wife resides in Tennessee, and I reside in Kentucky. We both agree that I am not the biological father and wish to renounce my parental rights and responsibilities. We hope that an uncontested divorce agreement stating this will suffice without needing DNA testing. How should we proceed with filing for divorce, and are there any specific steps we need to follow regarding paternity in either Kentucky or Tennessee?

1 Lawyer Answer

A: You simply need to recite that the child is not born of the marriage and that you are not the biological father and that the presumption that a child born during the marriage is of the marriage has been rebutted.

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