Legal Question in Family Law in Illinois

I am legally married in the state of Illinois, but my "husband" and I have been separated for 4 years now, and I have been in a new relationship, and am now pregnant. Once I have the baby, can the baby have the fathers last name, or does it have to take mine because I am married, even though it is not my husbands child? Legally filing papers for divorce wont be done in time of the birth, can I just change my last name?

Asked on 9/06/11, 7:23 pm

1 Answer from Attorneys

David Gotzh Law Office of David Gotzh

You do realize that your husband is presumed the father of the child from the marriage. If you both are in agreement, you can be divorced in 10 days. It's not hard, and there's no need to make this more difficult that it already is. Think smarter, not harder.

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Answered on 9/06/11, 7:27 pm

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