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Loren, Attorney
Category: Legal
Satisfied Customers: 33142
Experience:  30 years experience representing clients.
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If I have a child outside the marriage would that be consider

Customer Question

If I have a child outside the marriage would that be consider a clause of infidelity? Even thou I file a legal separation letter
Submitted: 3 years ago.
Category: Legal
Expert:  Loren replied 3 years ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

Before we begin, a bit more detail would be helpful please.

Which state?

How is the infidelity relevant to your situation?

Thank you.

Customer: replied 3 years ago.
I've been married for 13 years, however things hasnt worked out good the last 7 years. I've seen someone for the last 3 months, and now It looks like she wants a baby. I have not problem with that, but would that be consider a clause of infidelity? Even thou last week I submitted a legal separation letter! I live in nj ty
Expert:  Loren replied 3 years ago.
Thank you for the additional information.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Yes, having a child, even while separated from your current spouse, is prima facie evidence of infidelity. You would need to wait until a final decree of divorce is issued by the court.

I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.

It is my privilege to assist you. Let me know if you need further information. I hope I have helped you beyond your expectations in the service I have provided to you. I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

Expert:  Loren replied 3 years ago.

I'm just following up with you to see how everything is going.
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