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Filing for Divorce while in prison - wife is pregnant by someone else


(Florida)


We have been advised to file a Dissolution of Marriage with dependent or minor children because the wife (respondent) is currently pregnant. The unborn child is not common to the husband because he's been in prison for the last few years.

Are the forms for child custody, child support, parent planning, and etc. needed for this case?

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Filing for Divorce while in prison - wife is pregnant by someone else

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Maybe I can help ...
by: Anonymous

Oh my gosh, you have quite the situation on your hands. Maybe it is correct to use the divorce with children process ? but I wouldn't. If it were me, I would break the rules and suffer through the clerks dirty looks.

From what I understand, a child born during a marriage is presumed to be the father's child.I know it seems crazy, since this presumed father could not possibly be the biological father.

I don't know who advised you, but I would not take that advice. I would file for a divorce with no children and no property; and say that the wife is pregnant, but the parties agree that the child is not of the marriage. And I would also state the specifics, the husband is in prison, and for how long, etc.

So, no it does not make sense to me to include the forms for child custody, child support, parenting plan, etc. The last thing that needs to happen is for someone from Child Support Enforcement to pursue child support, from the man who is not the father; just because they see paperwork for a divorce with a child.

I'm not an attorney, these are just my thoughts and suggestions.

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