Husband has child outside of marriage (continued)

factors that are set out in Section 34 of the divorce statute – Chapter 208. There are 14 such factors that the Court must consider, including length of the marriage, ability of each party to acquire future assets, health of the parties, and contributions to the marriage. One of you will be entitled to alimony (the lesser earning spouse) if the provisions of Chapter 208, Sections 48-55 can be applied to your situation, and such factors as length of the marriage, marital lifestyle and ability to pay will be considered. There are other factors set out in the statute that you and your lawyer should carefully review.

 If you have a child (or children) with him, you may be granted sole or shared physical custody, and the Court will consider the history of caring for the child, and it is supposed to consider whether there has been abuse perpetrated upon one parent by the other or upon the child.  You may be entitled to sole or shared legal custody – thereby having the right to make the important decisions concerning the child. The underlying standard that the court will consider in any custody decision is the “best interests of the child.” If you have sole or shared physical custody, you may be entitled to child support. In that case, you can try to get a Court order for child support as soon as possible, because if the mother of his other child gets a child support order before you do, her order will cause your child support amount to be reduced.

This is a mere outline of what you may be entitled to in a divorce and a more complete analysis can, and should, be done.


Please contact us if you need a divorce lawyer or need help with other family law issues.

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