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enoughsenough
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Reged: 11/07/07
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Is there a law...
      #152324 - 11/07/07 04:00 PM (71.222.21.133)
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Ok so here is my situation, I left my husband in Sept '05 and we are not yet divorced. I agreed to work things out with him so that we could agree on all the details and file on our own without the added cost of having attorneys. It took some time but we have agreed on all the details and still have not filed. He owes me alot of money from the house we once owned together and is delaying the payment. We have a child together whom we share equal custody of with no child support. Here is where it gets sticky... One week ago his girlfriend gave birth to his son. Now in the dissolution packet there are questions such as: is the wife pregnant? by husband? by another man? No where does it ask if the husband is the one having another child with someone else. Is there some law or legalities of divorce in the state of Oregon that could help me to get the divorce to proceed without furthor delay?? As it is I have the 90 day waiver and there is no reason that that wouldn't be granted given the situation but that to my understanding is only if we both go into the court to file together uncontested.

Any advice would be greatly appretiated.
I just want to get divorced and have this whole thing over already.

Thanks
enoughsenough


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theanswerguy
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Reged: 04/12/07
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Re: Is there a law... [Re: enoughsenough]
      #152341 - 11/07/07 05:08 PM (205.188.117.143)
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[quote]Ok so here is my situation, I left my husband in Sept '05 and we are not yet divorced. I agreed to work things out with him so that we could agree on all the details and file on our own without the added cost of having attorneys. It took some time but we have agreed on all the details and still have not filed. He owes me alot of money from the house we once owned together and is delaying the payment. We have a child together whom we share equal custody of with no child support. Here is where it gets sticky... One week ago his girlfriend gave birth to his son. Now in the dissolution packet there are questions such as: is the wife pregnant? by husband? by another man? No where does it ask if the husband is the one having another child with someone else.

>>>>>>>>> It doesn't matter legally if the husband is having a child wth someone else . The reason this question ONLY applies to the wife is there is a legal presumption that the husband is the legal father of any child born during the marriage or up to 300 days after divorce.


Is there some law or legalities of divorce in the state of Oregon that could help me to get the divorce to proceed without furthor delay??

>>>>>>>>>>>>> No.


As it is I have the 90 day waiver and there is no reason that that wouldn't be granted given the situation but that to my understanding is only if we both go into the court to file together uncontested.

>>>>>>>>>>>> Is he willing to ?

--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov


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enoughsenough
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Re: Is there a law... [Re: theanswerguy]
      #152951 - 11/09/07 10:49 AM (71.222.21.133)
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He says that he is willing, but has been saying that for about a year now. He is just putting this off as long as possible it seems. I don't want to file and take him through the whole court battle when we've already made it this far.

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