Legal Question in Family Law in Missouri
I live in missouri, my wife and I have been split up for almost two years. We get along fine and share custody of our 12 yr old son so filing divorce papers didnt seem like an issue. She has recently found out that she is pregnant. The man she says is the father is african american ( both my spouse and I are white). Her affair with this man is also the reason that our marriage ended. I have not had any sexual relationship at all with her since we split, which should be irrrelivant since I had a vasectimy 10 yrs ago. Given the new situation I want to finalize our relationship. I dont feel I should be expected to be responsible, financially or otherwise, for another mans child. I have been told that missouri wont finalize a divorce if the woman is pregnant, and that the husband is presumed to be the father until a paternity test proves otherwise. This is the reason I want the divorce, I do not want to be presumed the father of this child, that can not possibly be mine. She is willing to sign divorce papers and an affidavit swearing that there is no possibility of this being my child. Is there any exceptions to missouri law thet would allow them to grant our divorce befor this child is born?
2 Answers from Attorneys
No. But you can hire an attorney, prepare all of the pleadings, and get the process started. The legal process usually takes several months to complete anyway. If everything is done properly the Court can enter it's Judgments shortly after the child is born. I have handled many such situations over the last 36 years. You may call me for a free telephone consultation.
Yes it can be done; you just have to overcome the presumption of legitimacy.
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