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Trying to get divorced - wife now pregnant by someone else

Trying to get divorced - wife now pregnant by someone else

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  #1  
Old 08-20-08, 08:10 AM
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Trying to get divorced - wife now pregnant by someone else

In the state of TEXAS, typically divorce cases are put on hold if the wife is pregnant at the time of filing. In this case, the petition was filed in February and the wife turns up pregnant in April with another man's baby. At first the attorney said that it wouldn't be a problem to proceed.... now this week she is saying that after consulting with a colleague on the matter, the divorce should not proceed until after the birth. If DNA testing is conducted to prove the ex husband is not the father.... shouldn't this be allowed to proceed? Can someone site some previous cases for me? Or, let me know how this is seen in the eyes of the TX courts? Please let me know something ASAP.... this was due to be completed on the 27th of August and now everything is on hold.

Thanks!
 
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  #2  
Old 08-20-08, 12:05 PM
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Welcome to the forums!

It might be wise to consult with another attorney just to make sure

At any rate it would be a good idea to establish paternity because [unlessI'm mistaken] the court always assumes that the child born during a marriage is always a product of the marriage. You could wind up paying child support for 18 or more years
 
  #3  
Old 08-20-08, 12:33 PM
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Hi there. I don't think anyone here would be able to cite previous cases for you. Try calling your local courthouse and they should be able to tell you where to look.
OK, I'm not in your shoes but is it really that much of a hardship to wait another two or three months, if need be? It's not really that long of a wait. With DNA testing, you don't have to worry about paying child support if it's not yours, but if it is yours and that's why you're in a hurry, you won't get out of it just because you're divorced.
 
  #4  
Old 08-20-08, 12:53 PM
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Originally Posted by marksr View Post
At any rate it would be a good idea to establish paternity because [unlessI'm mistaken] the court always assumes that the child born during a marriage is always a product of the marriage. You could wind up paying child support for 18 or more years
Beat me to the punch, Mark, but I'm not sure it always makes a difference. Back in my service days, circa 1984,I served with a guy who was legally separated from his wife. She got pregnant, filed for child support, and the DOD backed her up. There was no question he was not the father, but some fine print in the law allowed her to get away with it. Don't quote me, but I want to say Indiana was involved.
 
  #5  
Old 08-20-08, 01:22 PM
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There are still several states that assume any child born during the period of a marriage are the progeny of that marriage, and therefore the fathers responsibility.

Not sure which ones, but I know I've read about those kind of issues.

Time to at least consult another atty.
 
  #6  
Old 08-20-08, 01:30 PM
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There are still several states that assume any child born during the period of a marriage are the progeny of that marriage, and therefore the fathers responsibility.
Well if that's the case, no wonder he's in a hurry. I would be too! You'd think in this day and age that law would be changed. Even so, I would think taking a case like that to court would go in the ex's favor.
 
  #7  
Old 08-20-08, 03:24 PM
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You've asked a question only an attorney can answer. If yours cannot, you should consult another.
 
  #8  
Old 08-20-08, 03:52 PM
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I'm here in texas and 18 years ago I was in your shoes.They could have changed the law since then so don't take this as gospell.My wife and I seperated and she became pregnant by the guy she shacked up with.Get this,I had to wait till the baby was born to get the divorce.While the divorce was going on I had to pay child support the whole time.I had to start all over in another court to fight the child support.Well in the mean time her and this guy split up.When the DNA test came back I was not the father,BUT since the court could not find the father ,I was ordered to continue paying child support.I just made my last child support payment at the end of this last school year.
 
  #9  
Old 08-20-08, 05:10 PM
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Wow C_50, that's unbelievable! That's a very strange law. I guess the OP got an answer he didn't want to hear.
 
  #10  
Old 08-21-08, 07:49 AM
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Not unbelieveable at all. A friend returned from a tour in Vietnam to find his 35 y/o wife living with an 18 y/o kid. She was pregnant (My friend had not been home in nearly a year). They were living in his house, driving his car and spending his money.

After the divorce, the kid split and she not only got child support, but she was awarded one half of his retirement pension. The court's reasoning was that the kid needed support and that the wife had been a partner in the marriage for all the time he was in the service. As such she had a vested interest in his retirement.
 
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