Legal Question in Family Law in Illinois

Divorce, child no mine

If a DNA test proves that ''my'' daughter is not my biological child, can I separate myself legally from both mother and child during the divorce? my wife and i met and married very quickly, we lived together for only a matter of months until she left. I believe that she had an affair soon after meeting me, and believe that my daughter is not of my blood. Or will i be stuck with the responsibility of my alleged daughter just because we were married? oh, I am not on the birth certificate, if that makes any difference. my wife is in Florida and I am in IL, i would rather put them both behind me and move on, if possible. (dont get me wrong, if Isabella needs a Dad, i would play that role, but i don't want to have the legal ties). and, would i use an IL lawyer or FL?


Asked on 5/24/08, 5:24 pm

2 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: Divorce, child no mine

You need to have a lawyer evaluate the situation right away. Florida law is substantially different than Illinois law. The result will be different in both states.

Contact me if you have any questions.

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Answered on 5/26/08, 5:14 pm
John Steele Steele Law Firm

Re: Divorce, child no mine

This is tricky and here is why: If you had the baby in IL, and were married at the time, then you probably did not sign a VAP, in which case you are in good shape, and should fight it here. If you had the baby in FL, you have to fight it there.

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Answered on 5/30/08, 7:04 pm


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