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Will my children be considered illegitimate if my husband had another family?

Will my children be considered illegitimate if my husband had another family?

Q: What happens if you get pregnant with another man before your divorce is final?

If you become pregnant by another man before your divorce is finalized, the child is typically considered legitimate. However, this can complicate divorce proceedings, especially regarding custody and support. It's important to discuss your situation with a legal professional to understand your rights and obligations.

Full question:

I never knew my husband was a married and had a family elsewhere. Will my children, born from the marriage with him, be termed illegitimate?

Category: Marriage
Date: 04/07/2025
State: Indiana

Answer:

No, your children will not be considered illegitimate. According to Indiana law (Burns Ind. Code Ann. § 31-13-1-2), if a marriage is void due to one party having a living spouse, the children are still treated as legitimate. This applies as long as the spouse was unaware of the other marriage. The law states that if the marriage is void and one party did not reasonably believe the other had a living spouse, the children conceived before discovering the other marriage are treated as legitimate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a married woman have a relationship with another man?

Yes, a married woman can have a relationship with another man. However, this may lead to legal complications, especially regarding divorce and custody. If the relationship results in a child, the legitimacy of that child may be questioned, but under certain laws, children born during a marriage are typically considered legitimate. It's important to consult with a legal professional to understand the implications in your specific situation.

What happens when you have a baby with another man while married?

If a married woman has a baby with another man, the child is generally presumed to be legitimate, especially if the mother was unaware of her husband's other commitments. However, this can lead to complex legal issues regarding child support and custody. Each case can vary, so it's advisable to seek legal counsel to navigate these matters.

What happens if a married woman has a child with another man?

When a married woman has a child with another man, the child is often considered legitimate under the law, assuming the mother did not know of her husband's other marriage. This means the child has the same rights as those born within the marriage. Legal issues may arise regarding custody and support, so consulting a lawyer is recommended.

What happens if you get pregnant with another man before your divorce is final?

What makes a child illegitimate?

A child is considered illegitimate if they are born to parents who are not legally married to each other at the time of birth. However, many states, including Indiana, have laws that protect the rights of children born from relationships where one parent was unaware of a previous marriage. This means that even if a marriage is void, the children may still be recognized as legitimate under certain circumstances.

Can you have a baby with someone else while married?

Yes, you can have a baby with someone else while married. However, this situation can lead to legal complications, particularly regarding custody and child support. The legitimacy of the child may also be questioned depending on the circumstances. It's advisable to consult a legal professional to understand the implications of your specific situation.