How to Divorce My Wife With Children That Are Not Mine
- 1). Consult a family law attorney. You may want to continue a relationship with your stepchildren or continue to provide financial support to them even though you are no longer married to their mother. An attorney can help you understand issues surrounding visitation and voluntary child support as it pertains to parents and stepchildren on a legal basis. If you cannot afford an attorney, check with the local bar association in your county for referral to a legal aid attorney.
- 2). Go to the county courthouse in your area. Ask the court clerk for a dissolution of marriage without children packet. Complete the forms according to your local court rules and make copies of the forms for your records. Since you do not have any biological children with your wife, the court only needs jurisdiction over your wife. For this purpose, your wife must have lived in the state where you are filing at some time during your marriage.
- 3). File the proper forms with the court clerk and pay the appropriate filing fee. Some jurisdictions offer a fee waiver if you cannot afford to pay the fee. If you would like to provide financial support to your stepchildren and see them on a regular basis, you should file the necessary forms requesting the judge to make this a part of your divorce decree.
- 4). Serve your wife with a copy of the divorce petition and summons notifying her that you have filed for divorce. Personal delivery of the divorce documents by an adult is required in most jurisdictions. Be sure to check with the court clerk in your area for the acceptable options of service.
- 5). File proof of service with the court. You will need your process server to sign and date the document as proof that your wife was served properly. You should file this proof of service with the court. If your wife does not respond to your divorce petition within a specified period of time, you will be granted a default judgment of divorce.
- 6). Attend the divorce hearing. If your wife does file a response with the court, you will be required to attend a hearing before a judge who will decide the contentious issues within your divorce proceeding and render a final decree of divorce. If you legally adopted your stepchildren during your marriage, you will be mandated to pay child support as if they were your biological children. If you did not legally adopt them but requested to see your stepchildren and/or provide voluntary financial support after the divorce, the judge will render a decision on those issues.
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