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legally still married. pregnant with another mans baby


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#1 nursingdepartment

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Posted 08 May 2013 - 10:27 AM

Here is my Delima.  My husband and I separated on July 17, 2012. We have to wait a year for our divorce to be final because we have a child together.  He has a lawyer and I don't. He and I get along and have everything sorted out.  Just a waiting game at this point.  He is saying that we can not get our divorce final until September and even though I am pregant We can't get it finalized now.  If I have the baby before My divorce is final, will she have to take his last name? Will her father be able to sign the birth certificate? and what can i do to figure this out without getting a lawyer?



#2 Fallen

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Posted 08 May 2013 - 10:40 AM

"If I have the baby before My divorce is final, will she have to take his last name?"

No, of course not.

 

"Will her father be able to sign the birth certificate?"

It's unclear what you mean by "be able".  I don't see the hospital being in a position to declare that he may not sign the relevant paperwork.  Of course, the law presumes that a child born during a marriage is the product of that marriage, and if you do not intend to get an attorney, you must ensure that this topic is addressed in the divorce.

 

It's also unclear what you mean by "figure this out," so you may want to be more specific.  It's unclear why you wouldn't at least consult with an attorney (and, if you make far, far less than your husband, you may petition the court to order him to cover your legal fees).


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 FindLaw_Amir

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Posted 08 May 2013 - 12:00 PM

I agree with the previous poster, you may at least want to consult with a local Family Law Lawyer to address your concerns. Many lawyers do offer a free consultation.


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#4 pg1067

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Posted 08 May 2013 - 12:43 PM

He is saying that we can not get our divorce final until September and even though I am pregant We can't get it finalized now.

 

"He" being your husband or your husband's attorney?

 

 

 

If I have the baby before My divorce is final, will she have to take his last name?

 

No.  However, depending on the laws of your unidentified state, you may be prohibited from identifying any man other than your husband as the father on the child's birth certificate without a court order.

 

 

 

Will her father be able to sign the birth certificate?

 

"Able to sign"?  Unless he lacks arms or the ability to use his arms or to sign his name, I assume he will be able to sign.  However, birth certificates are not typically signed by parents.  Rather, they are typically signed by the delivering doctor and/or a local records clerk.  Is this really what you meant to ask?

 

 

 

what can i do to figure this out without getting a lawyer?

 

It's not really clear from your post what you want to figure out.  If you have concerns about having the appropriate man identified as the father on the birth certificate, why not make a phone call to the office in your county that maintains vital records and ask someone about this?

 

 

 

Of course, the law presumes that a child born during a marriage is the product of that marriage

 

The law on this subject varies from state to state, and the poster did not identify her state, so we don't know the specifics of the applicable law.  Because the poster was separated from her husband at the time of the child's conception and, presumably, will be separated, if not divorced, at the time of the child's birth, it is extremely unlikely that any presumption of paternity will apply here.



#5 sentinel1900

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Posted 08 May 2013 - 03:58 PM

Since you fail to mention a state, you need to provide some information.   Did you sign a Marital Dissolution Agreement?  As part of that, did the two of you state that you would live separate and apart from one another as if you were single?  At what point after the divorce filing did you become pregnant?  What are the grounds for your divorce?  The one year wait seems excessive, but without knowing the jurisdiction who knows.  Fill in some blanks and maybe you can move in the right direction.



#6 nursingdepartment

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Posted 09 May 2013 - 07:30 AM

Thank you all for your replies.  I am in Louisiana.  If you get divorced and have children together, the law requires 365 days of legal separation in hopes of reconcilation.  I conceived in January 2013. So we had been separated approx. 6 months at the time of conception.

 

Did you sign a Marital Dissolution Agreement?  As part of that, did the two of you state that you would live separate and apart from one another as if you were single?  At what point after the divorce filing did you become pregnant?  What are the grounds for your divorce?

 

*No we did not sign a MDA. I don't think living single was specified in the papers. We got divorced because I left him and he filed a week later.

 

"He" being your husband or your husband's attorney?

 

**He being my ex husband says that his attorney says we have to wait til sept and cannot get divorced now due to pregnancy.

 

**"Able to sign?" - Would the law prohibit the biological father from signing the birth certificate due to my legal staus of marriage. And in Louisiana, both parents must sign to be listed on the certificate.

 

It's unclear why you wouldn't at least consult with an attorney (and, if you make far, far less than your husband, you may petition the court to order him to cover your legal fees).
 

** Lack of income would be the only reason to not involve an attorney.  However, since he filed, It would make sense for him to cover fees.  Thank you for that insight.



#7 pg1067

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Posted 09 May 2013 - 12:18 PM

The problem with getting a divorce while pregnant is that it may be uncertain who the father is.  If the husband is the father, then the court will want to enter orders concerning custody, visitation, and support.  If the husband isn't the father, then it may be advisable that the divorce decree include a finding to that effect.  I fully agree with the recommendation that you at least consult with a family law attorney.






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