It is not uncommon for married couples who have separated for the wife to have children from a father who is not the husband. Unfortunately, this creates problems when the parties want to get divorced. In Tennessee, because if the parties are still legally married, the husband is the legal father of any child born during the course of the marriage even though he may not to be the biological father.
The problem that this causes with the court in a divorce case is that the court must determine that the divorce judgement makes adequate and sufficient provision for the care and maintenance of any minor child born of the marriage. In order to finalize the divorce, the court must make a legal finding that any child not of the marriage is definitively not the husband’s biological child.
This usually requires that a DNA test be performed, at a minimum proving that the husband is not the biological father. The DNA test will have to paid for by the parties, as the State will not pay for it in a divorce. Some courts will require that the actual biological father be named and legitimate the child prior to granting the divorce. These extra steps can be difficult and time consuming. This is another good reason not to put off getting divorced after the parties have separated.