The more resources couples share during a marriage, the more complicated divorce might become. People preparing for high-asset divorces may need to address matters including child custody, financial support and property division. In some cases, divorce may occur due to surprising discoveries. For example, the husband may learn after months or even years that he is not the biological parent of a child born during the marriage.
Paternity issues can complicate high-asset divorces. What do those preparing for complex divorces need to know about paternity’s impact on the situation?
There is a presumption of paternity that applies
The birth or conception of a child during marriage leads to a presumption of paternity. The state assumes that the husband of the mother is the father of the child. Unless he takes certain steps, his name should appear on the birth certificate automatically.
He may then have to pay child support during and after divorce proceedings. There could also be conflicts related to custody during the divorce. If a father discovers that he is not the biological father of a child, he can file paperwork with the state to amend the birth certificate. Doing so can protect him legally and financially during the divorce process.
How does paternity affect divorce?
There are several ways in which paternity, or a lack thereof, can influence what happens during divorce proceedings. Obviously, establishing that a husband is not the biological father of a child can protect him from child support obligations and may eliminate the need to settle child custody matters.
Additionally, establishing that the husband is not the father of a child can affect other aspects of the divorce. The courts typically do not factor in custody arrangements when dividing marital property if the child in question is not the child of both spouses. In many cases, child custody considerations can have a significant impact on how the courts allocate assets and financial responsibilities between divorcing spouses.
Disproving paternity could also have an impact on how the courts handle alimony or spousal maintenance. A spouse seeking financial support may have a more difficult time convincing the courts it is necessary and appropriate if they left the workforce to raise a child that was not the biological child of their spouse.
Of course, the age of the child and the relationships within the family can have a major impact on the legal strategy developed in a complicated divorce situation. A man hoping to maintain a relationship with a child he raised and lived with for years may need to consider the best approach to this emotional and likely difficult matter. After all, the child is not at fault for the misrepresentation of circumstances that occurred. They may feel hurt about scorched-earth tactics and public statements about parentage.
Discovering issues with paternity can have significant implications for the outcome of divorce proceedings. Reviewing paternity concerns and other aspects of an upcoming high-asset divorce with a skilled legal team can lead to an effective legal strategy.
