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    mike198013's Avatar
    mike198013 Posts: 1, Reputation: 1
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    #1

    May 1, 2011, 12:01 PM
    If my wife is married and having a baby by another man is it illegal?
    If my wife is still married to me without divorce and having another baby by another man is this legal in the state of virginia?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 1, 2011, 12:18 PM

    Having a baby is not illegal anywhere in the US. Having a baby by anyone other than your husband is not illegal as well. However, except for artificial insemination or surrogacy, having a baby with someone other than your husband would be proof of adultery. Adultery is still illegal in VA, but the penalty is minor (generally a fine of a few hundred dollars).

    So, the question is what is it you really want to do about it?
    What do you think it will get you if it is illegal?

    VA is a no fault divorce state, so you can get a divorce after living separately for a time. You do not need to use adultery as grounds, though you can.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    May 1, 2011, 01:05 PM

    In many states it is presumed that a baby born to a married woman is the child of her husband. You might want to look into getting a judicial decree that the child isn't yours. Or the father could, I believe, sign an affidavit of paternity so as to show him as the father on the birth certificate. Otherwise, if you and your wife separate or divorce, you might be required to pay child support.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #4

    May 1, 2011, 04:12 PM

    Legal yes but also grounds for Absolute divorce.

    Adulterers are not equal under the blanket of the law. In Virginia, adultery may impact custody if the adultery is proven to have harmed or impaired the children. Adultery does not necessarily affect alimony awards in Virginia. It will, however, be a factor for consideration in awarding alimony.


    Ref:

    Virginia Divorce Law

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