LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Michelle,

You have a complicated situation here. Since the child has been born, the man listed on the birth certificate has been assuming the role of the child's father and his name is on the birth certificate. You need to get advice from an attorney. I don't know that it's possible to remove his name from the birth certificate after all this time and the Court may well decide that he has the right to see the child, unless it is not in the child's best interests. I would suggest that you contact someone in your state to find out what your rights and obligations are in this situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

State of Missouri Couple married 19 years but have not lived together for 9 years , husband signs birth certificate accepting a child as his own when no relations were ever exchanged.Year 2006. Wife was fine with this as it gave the baby a daddy however now wants to file for divorce and have sole rights to the child. Do you see any problem? Can I make the husband who signed prove paternity if he wants to fight me and since the baby will not be his - will a judge still grant rights?? Is there a way to remove the husband now from the birth certificate - the biological father is now deceased. But did leave other half siblings behind?

-- Contributed by: Michelle in STL

Hope,

The husband is denying that the child is his. Your friend should consult a lawyer before she signs anything. If the husband is the biological father, he has a legal obligation to support the child.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I have a friend who was pregnant when her husband filed for divorce. There was infidelity in the marriage and so she is not sure who the father is. The divorce papers indicate the the husband denies all rights to the child. She has filed to have the paternity tests done. Does this mean that if she signs the divorce papers that the husband does not have to pay support if he is the father? What exactly does not specification mean?

-- Contributed by: Hope

Jaclyn,

Getting a divorce while pregnant can be complicated. You may not be able to have it finalized until after the baby is born. Please see a lawyer to get advice for your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I left my husband in Jan. we have a 2 year old together and i'm pregnant, but the baby is not his. so i am wondering can i get a divorce from him even though i'm pregnant?

-- Contributed by: Jaclyn

Callie,

You can file for divorce while you are pregnant, but you may need to wait until after the baby is born for the divorce to be finalized. The reason is that issues surrounding custody and child support are decided after the baby is born and if a paternity test is necessary, that is also conducted after the birth. Dealing with all the issues at one time means that you only need to deal with one court proceeding, not two (the divorce and custody/child support).

When the baby is born, you choose whose name to put on the birth certificate.

Please consult an attorney to get advice about your specific situation.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Can you get divorced in Missouri if you are pregnant? The father of the baby is not my husband. Is it true my husband would have to go on the birth certificate if we could not finalize the divorce before the baby is born?

-- Contributed by: Callie

Andy,

A divorce decree can be appealed in certain cir...stances. Please contact a lawyer to go over your situation. They can advise you whether you are likely to be successful in having the terms of the divorce modified based on your wife's alleged fraud in telling you that she would agree to allow you to try to get her trust back and then changing her mind. If the loans are in your name and she is consistently late in paying them, you may want to explore having them put in her name only.

This website will give you some basic information about appealing a divorce judgment: http://family.findlaw.com/divorce/divorce-process/divorce-appeal.html

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Married and divorced in MO. Wife wanted divorce because mortgage and car loans are in my name, and in arguments would threaten her I would take these from her. Was told by her to get divorce uncontested and gave her everything she wanted in hopes of her falling back in love with me, and she told me the only way for that to happen was to give her divorce and re-earn her trust. Now, she wants nothing to do with me and I've got nothing but to pay her maintainence (her student loan and mortgage, accrued marital debts) and keep loans in my name, in which she is constantly late on paying. My question is: can I get attorney and have divorce decree done again, more fair to me based on "emotional distress" or "divorce anxiety" or something to that effect. I never would have agreed to any of these having known we would not get back together, but that was the intention she led me to believe. Thanks for any and all HELP--Andy

-- Contributed by: Andy

Christi,

If your daughter has concerns about the service she is getting from the lawyer, she needs to speak to him or her first so that they have the opportunity to explain what has been done on the file to date. Her lawyer could be waiting for a response from her ex's lawyer and the hold up could stem from that. She won't know until she asks.

Keep in mind, too, that to hire a new lawyer means that she will have to pay that person to review the file and get up to speed on what has been done and what needs to happen next.

Re whether your daughter should ask for sole custody and supervised visits, that is something she needs to get advice on from an attorney. If she is alleging that her ex was drunk while caring for the children and is emotionally abusive, she needs to make notes of all the occasions on which this occurred and gather any evidence she can to support her allegations.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi, my daughter is trying to get a divorce in Missouri and it seems like the attorney is jacking around. She has already paid him $1,500 and I feel she is getting nothing for it. Her soon to be ex is a heavy drinker and was drunk around the two minor children last night. What should my daughter do, petition the court to get sole custody and him supervised visits? He is also very emotional abusive. Thanks Christi

-- Contributed by: christi

Hi Lonnie,

Depending on the state, if all the terms are agreed to by the parties, a divorce can be finalized in as little as six weeks.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Once filed in MO how long do you have to waite for a divorce to be final? If all parties agree can it happen fast? Please respond to fxrman@charter.net

-- Contributed by: lonnie

Once filed how long do you have to waite for the divorce to be final? Given all parties agree.

-- Contributed by: lonnie
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