It's not her husbands baby...it still won't have his name and is illegitimate.
"It's not her husbands baby...it still won't have his name and is illegitimate."
How do you know that? More importantly, how does the court know that?
The problem here is that the child is not mentioned in the divorce papers. Arrangements have to be made in the divorce proceedings for custody, etc. of the child.
Under Washington state law, the default position is that the husband is presumed to be the father of any child born during the marriage and up to 300 days afterward. If the child is not his, he has to actively contest it.
So under the law, the child is presumed to be fathered by the husband and the divorce papers have to note the existence of the child.
Washington state law is clear that a judge has the authority to do this when an issue such as child custody is not resolved, but it just doesn't happen that often.
It might not be his baby, but in many states, it will automatically, legally, be his baby.