Added: Amaryllis Mccombs - Date: 17.07.2021 13:12 - Views: 34558 - Clicks: 1606
It happens every so often, that a woman going through a divorce will get pregnant.
This is particularly important because it raises the following issues; 1 Will the court allow the divorce to be completed while the woman is pregnant? It is required under Wisconsin law to state in the petition for divorce itself, whether the woman is pregnant or not.
At the time of the divorce, the court or your attorney will be reading from the petition for divorce and the wife will be asked the following question, based on the statement in the petition for divorce. In all such actions or proceedings the husband and the wife are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is questioned.
of a genetic test, as defined in sec. So, you are probably saying to yourself, I have no idea what any of this means. Can you explain it to me in non-legal terms? The party who is alleging that the husband is not the father of the child, has the burden of proving that in court by clear and convincing evidence.
There is presumption that the husband is the father. The court must appoint a guardian ad litem attorney to advocate for the baby in the determination whether the husband is or is not the father. Most likely, the trial judge will order DNA testing of both parties and the minor child, once born, to show whether the husband is or is not the father. If the DNA tests come back and exclude the husband as being the biological father, the divorce trial judge may take the case one step further and require the mother to file for paternity and determine who is the biological father, before completing the divorce case.
In some other situations, the DNA tests may be enough for the divorce trial judge to move forward and make a finding that the child is not a product of the marriage and the presumption has been overcome in court. Most courts chose the former procedure, rather than simply determining that the husband is not the father, if borne out by DNA testing.
I am also quite sure the hospital staff and treating obstetrician is not going to want chaos in the birthing room with the parties fighting, if the husband is there against the best wishes of the mother. Years ago, when I was a much younger lawyer, I was doing one of my first divorce hearings. My client the wifehad made no mention to me that she was pregnant. At the time of filing, she did not indicate she was pregnant.
She only learned that she had become pregnant, shortly before the final court hearing and had forgotten to tell me. Further complicating the matter, since her and her husband had been physically separated for over 9 months, her husband was not the father of the. During the court hearing, we began by asking her the standard questions from the petition for divorce. I just learned about it last week. Go out in the hallway and talk to your client please. Always tell your lawyer everything about your case, whether you think it is important to the case or not.
Clearly, being pregnant during the divorce is an extremely important and vital issue that both the court and the lawyers, along with your spouse, need to know about!
Fox Point — N. Port Washington Rd. Brookfield — S. West Bend — 18 E Washington St. Madison — E Washington Ave. SuiteMadison, WI David Iancu and his staff are top notch professionals. I would recommend David Iancu to anyone who is going through a divorce.
Harmony R. David is a great listener and very sharp. Most of all, he knows the law and examines every opportunity to defend his client. Talyia C. I can't say enough about David's attentive demeanor through the highs and lows associated with complex divorce issues. Laurence S. The you need. : Intervenor; What is it?
Next: Does a divorce court need to approve a settlement agreement? Post Intervenor; What is it? Next Does a divorce court need to approve a settlement agreement?
Connect With Us.Divorced professional seeking Brookfield woman
email: [email protected] - phone:(750) 846-8429 x 3244
Sex Therapy in Brookfield, WI