I live in Virginia and have been separated from my wife for a while. We haven’t been living together, but she recently found out that my girlfriend is pregnant, and now she’s really upset. The crazy part is, my wife had an affair and left me for that guy. I don’t have any hard proof of the affair, but it’s pretty much common knowledge. Now she’s threatening to take me to court because of the pregnancy. What could happen legally with me having a baby with someone else while I’m still technically married? How does that affect the divorce?
Having a baby with someone else can be proof of adultery, even if you’re separated. Depends on how much she wants to push it. I filed for adultery at first and then changed it to no-fault when we worked out an agreement.
Virginia is a no-fault divorce state. My ex cheated on me, and my lawyer said it didn’t matter in Virginia. But you’ll need a separation agreement signed by both of you. Better get a lawyer soon.
Do you have a separation agreement signed? In Virginia, once you have that, you can live like you’re not married. She’ll have to wait for a paternity test to prove anything. You and the baby’s mom will have to agree to the test. She doesn’t have proof yet. Use protection and get divorced.
Tell her to mind her business! It’s got nothing to do with her. The problem with some people is they leave you but still expect you to wait around. When you don’t, they make it a big deal. I went through the same thing. My ex freaked out when she found out I was seeing someone new. Keep going.
@Tan
This is a family law forum. You seem lost.
Take you to court for what? You’re separated and probably getting divorced. Virginia is a no-fault divorce state. As far as the baby, she can’t do anything. Just my opinion, not a lawyer.
Read carefully, the wife had an affair and left him. OP is a man.
Yan said:
Read carefully, the wife had an affair and left him. OP is a man.
If OP is a woman, how did they get their girlfriend pregnant? It’s right there in the title.
Yan said:
Read carefully, the wife had an affair and left him. OP is a man.
Think horses, not zebras.
Yan said:
Read carefully, the wife had an affair and left him. OP is a man.
OP is a man, it says he got his girlfriend pregnant.
Yan said:
Read carefully, the wife had an affair and left him. OP is a man.
Usually when someone gets a girlfriend pregnant, it’s not through artificial insemination.
Yan said:
Read carefully, the wife had an affair and left him. OP is a man.
Usually when someone gets a girlfriend pregnant, it’s not through artificial insemination.
Oops, fell on the tube!
Legal issues? You’re going to pay alimony for years and child support for 18 more. It’s going to be expensive, my friend.
When my husband left me for his girlfriend, adultery laws still mattered in my state. We caught him in a lie about a trip they took, saying she was just a friend. His flustered reaction sealed the deal for us.
Laine said:
Daaaamn, nice one!
More like ‘gonna pay’ not so nice.
You need a divorce attorney. Many offer a 15-minute consultation. If you’ve been separated for a while and can prove you haven’t lived together, you might avoid bigger issues. If there are no kids involved, you can file for divorce after six months of separation.
You’ve got no proof of her affair, but she’s got proof you got someone pregnant while still married. Tough spot.