Can I use the simplified divorce form when a child was born during the marriage, but with a different father. My husband and I are separated for over 2 years, in the meantime I gave birth to a child. My legal husband recognizes that the child is not his. Can we use simplified dissolution of marriage form for Florida
No, it is specifically not a "simplified dissolution." This situation occurs a lot and some judges (no names to protect the innocent) don't really understand how to deal with the issue. It is a simple issue to deal with but not a case where you can file for a "simplified dissolution.: Do yourself a favor and hire a lawyer. many of us that work in St. Pete offer FREE consultation - take advantage.
I agree with Mr. Miller. You should make sure to address the issue in this case so that there is no legal confusion later. Consult with an attorney.
This is not intended to be used as a legal advice and does not create a lawyer/client relationship.
Regardless of what you and your Husband agree to, a child born during your marriage is the legal child of your husband. That's the law. His rights need to be terminated. This should not be difficult since you both agree to do it, but a lawyers help is needed.
Unfortunately, the simplified dissolution is for when there are no minor children and a lack of other issues. You and your spouse can agree to have the divorce uncontested, but the court will need to make adjudications with regard to child since it was born into the marriage and presumed to be your husband's without a specific adjudication. Your matter is not so simple that you may not be able to decipher all the rules of civil and family law court or the pro se forms.
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