abusedhusband
New
Reged: 07/29/07
Posts: 8
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My soon to be ex has filed for divorce twice. I managed to avoid the server until last Monday. Friday I heard from a friend that she is announcing that she is pregnant. We have been separated for 2 years in May and this baby is NOT mine. I have found out from a friend (no lawyer- Can't afford one) that the divorce can't be done now until she pops out this kid and that it will be my legal child. This means I'll have to pay child support for another guy's kid until I pay for a test to prove it's not mine.
Is there ANYTHING I can do to keep her from doing this to me? I'm sure she is laughing all the way to the bank but there has to be some way I can protect myself. HELP!
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jbar
Platinum
Reged: 12/16/06
Posts: 1010
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What state do you live in and how long have you been married? Was it a "legal" separation?
I wouldn''t take legal advice from a friend unless he is particularly well qualified, although what he says may be true.
I know someone like you who moved here from another state and became a contractor. He conducts a strictly "cash" business, but will give you a receipt--if you pay extra for it!
Edited by jbar (07/29/07 04:35 AM)
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melanie14
Platinum
 
Reged: 03/11/06
Posts: 3058
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Have a paternity test ordered on the day of the child's birth! Don't sweat it...
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jbar
Platinum
Reged: 12/16/06
Posts: 1010
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Whether he should "sweat it" or not depends on what state he lives in. Laws requiring that any man married to a woman, at the time she conceives a child, is the legal father still predominate in this country. These laws apply regardless of DNA tests and are enforced even if the child is a different color than either parent. Haven't you been reading the posts here on this subject, Melanie? I don't know if these laws are worse than the "property division" laws which confiscate one-half of everything a man has and give it to his wife, in a divorce, unless he can prove--to a particularly high standard--that he already had the assets before he got married, or not.
I was just reading some material on post-nuptial agreements. It turns out that a couple probably cannot even have a voluntary, valid post-nuptial agreement, because the morons consider that the man and woman, once married, are "one person" and that a person "cannot make a contract with himself"! I wish these kind of people would go live in a zoo, where they belong, instead of trying to make and administer laws!
Disclaimer: Not legal advice
Edited by jbar (07/29/07 11:40 PM)
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abusedhusband
New
Reged: 07/29/07
Posts: 8
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Jbar- I am in Tulsa, Oklahoma. We were married for 9 years and have been separated for more than 2. Not sure what you mean by a legal separation but we have lived apart and she filed for divorce the first time in August 2006.
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abusedhusband
New
Reged: 07/29/07
Posts: 8
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I plan on it if nothing else helps, but I don't want to be considered the father of this baby for even a MOMENT. Surely there is something that can be done before the kid is even born. This woman is a real shrew- I caught her telling a friend she was going to throw me out of my own home, so I moved out myself so I wouldn't give her the satisfaction. She'd do anything to trap me now to get back at me for having the upper hand. It sounds like the law isn't on my side here but surely there is SOME way around this problem. It just isn't right for me to be stuck with this woman's kid just because we are married on paper!
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abusedhusband
New
Reged: 07/29/07
Posts: 8
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Jbar, your post really scares me. Does that mean that the law will consider this my kid even if I can prove that it's not mine! I'm so screwed.
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jersey girl
Platinum

Reged: 08/07/06
Posts: 1576
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I don't know for sure, but, yes, the divorce will be held until the pregnancy is finished. The courts want to make sure they get it all done at once.
Check with a doctor on whether a test can be done pre-delivery that is non-invasive. I don't think a court will order an invasive test.
Once the baby is delivered, you should have a court order ready to do an immediate DNA test.
I am confused - why on earth would you avoid a server? Living separated is much more dangerous to you financially than divorced. She now has legal rights to more support, etc. if she decides to be on limited work during this pregnancy. You are legally responsible for the medical bills she is going to incur, etc.
A legal separation is just as costly as a divorce - at least that is what I was told. So, I paid for medical insurance, liability insurance, etc for my ex for over 2 years. That was FAR better than waiting for him to drive drunk and hit a family and get stuck with that lawsuit.
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gigi
Platinum
 
Reged: 11/06/06
Posts: 5051
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Don't let JBar scare you. He doesn't know what he's talking about & has made it his mission to scare as many men as possible about the laws, whether or not his claims are true, so that they'll support him in some OTHER thing he's got going involving a campaign against community property which he thinks (but is probably wrong about) will save him if he can get it passed... though he's not started even the most basic process of getting it passed, which would involve actually drafting it & presenting it to a legislator who takes it on as their bill to support.
In other words, JBar seems to be kind of a narcissistic nutcase who unfortunately runs around screaming "the sky is falling", and then might scare decent guys like you into doing the wrong thing.
I can't figure out why you would have been ducking service of process from your wife. Being divorced is a WHOLE lot better than being separated & financially tied to an untrustworthy person, for certain! You want to counter-petition to make a claim that she is pregnant by another man, and abandonment (both are claims allowed in Oklahoma due to "fault", and because of the nature of that first one, they may let you go ahead & get a divorce before the birth of the child, knowing it's not yours).
SHe may admit that it's not yours & name a different father, or she may deny it & require a DNA test, either way, you're golden. The idea is that you CAN NOT DUCK THIS, the way you might be tempted to with JBar's advice. Men who try to duck out of dealing with this stuff out of fear of becoming responsible for a kid that's not theirs, might actually become responsible for the kid because they have not properly contested it in a timely manner.
You MUST do this in a timely way, and not let this just go forward without you. Ducking service of process is the LAST thing you should be doing in this situation, you should be EAGER to get it going, don't rush into signing off on something before you understand what it's all about, but most certainly don't try to avoid process, or avoid court, or run from this. If you run & they go forward without you giving them the proper information, they're likely to make you responsible for this kid, and without your contesting it, you could end up responsible forever.
THe stories you may have heard about men who end up paying support for kids who aren't thier own, generally, these stories don't tell you that the men didn't show up in court to say that the kid wasn't theirs, changed their address without tellign the court so they weren't aware of hearings, agreed to waive the right to a DNA test early on and then found out 15 years later that that precious little girl they were so sure was theirs, was not. Once the kid is 15 years old, you can be sure the court is not going to let you ditch him or her. (the same with 14, 13, 12... you're safest getting a DNA test the moment this kid is born... in your situation).
Don't let anyone scare you into trying to pull some fast one, tactic-wise, because that's a sure path to losing this. The ones who lost, were the ones who didn't take the right steps to make it right.
So do this right. Take the papers, respond, accuse her of becoming pregnant with a child not your own, ask for a DNA test.
And contrary to JerseyGirl, I don't know why the courts wouldn't allow a divorce if you're sure the kid is not your own. And if she admits it. It's not NECESSARY to wait till a kid is born to finalize the divorce. Just... well, in cases where there are no kids yet & this will be the first, awaiting the ability to implement a parenting plan will be an issue, but in a case where there are already otehr kids, I've seen the court simply slide a new one (born after divorce) into the same parenting plan with just a new support calculation being done... and in cases like yours (we hope) where all parties agree this is not your kid (we have to hope she'll admit not being with you, because if she doesn't, she'll be proven to be a sl... once the DNA test shows that the kid is not yours, because she'll have insisted that she slept with 2 different men and wasn't CERTAIN of who the father was, which I think is a worse thing to admit than simply admitting that you're separated from your husband & moved on without finalizing the divorce, you know?
But you wont' know if she does the reasonable thing until you TALK to her & ask what's up. Don't assume she's intending to makek you pay for a child hwo is not your own.... (she pretty much can't do that if you contest it soon enough), and don't assume that there's something wrong with you accepting service of process and going through with the paperwork of getting this done. Don't assume the worst when you don't really know her intent.
Her intent might JUST be to get rid of you so she can move on. And for you that would be a great thing...
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abusedhusbandsex
New
Reged: 07/29/07
Posts: 4
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Gigi,
First of all, I don't think it's wise to advise my husband to make accusations against me to make himself look better. I have openly admitted to my attorney that I am pregnant with another man's child. I have done nothing wrong and I have nothing to hide.
He had an affair and moved in with his girlfriend the MOMENT he moved out. For all you or I know, SHE could be pregnant too. At least I waited a year before becoming involved.
I fail to see how he comes out "golden" simply because I'm in a stable, committed relationship long after a separation and happened to become pregnant.
Additionally, it's unwise to assume that *I* am "untrustworthy" just because some nutjob came to this board and told you so.
Further, if he requests a DNA test, I will fight it to the death, because there is NO way anyone but my fiance is this child's father, and my STBX will only get one if it is REQUIRED in order for my unborn child to be free of him.
Thank you.
"Abused's" wife
Edited by abusedhusbandsex (07/29/07 11:51 PM)
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