Legal Question in Family Law in Washington
Wife pregnant from affair
My wife is pregnant as the result of an affair. Can we get a divorce? Am I legally or financialy responsable for her child? IE; Can DSHS come after me for child support or medical costs?
1 Answer from Attorneys
Re: Wife pregnant from affair
Question: How do you know she is pregnant by someone other than you? They say paternity is a matter of opinion.
1. You can divorce her for any or no reason.
2. However, under the Uniform Parentage Act, Chapter 26.26 RCW at http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=26.26,
you are presumed to be the father. RCW 26.26.116.
In the dissolution, therefore, you have two hurdles. The first is proof. The second and related is the need for a guardian ad litem investigation, which is mandatory in paternity cases. If your wife agrees that you are not the father, that will obviously make proof easier.
You may also want to have a DNA test done for additional proof.
Your having to pay for it or not will depend on rebutting the presumption that you are the father.
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