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  1. #1
    Join Date
    Jul 2006
    Posts
    984

    Default Re: divorce problems

    Quote Quoting virginia_princess21
    I live in California and I have been married since November of 2002. Although, my husband is incarcerated in prison for 12 years, 10, this September. My question is, I filed for a Summary of Dissolution in September of 2005 and he stopped it in Febraury of 2006 and I am pregnant by someone else, what do I do now to refile for another divorce and how much would it cost me?
    Here is your other thread http://www.expertlaw.com/forums/showthread.php?t=11536
    Noe for your answers.
    Go to the Family Law Facilitator's office in the county where you filed your Summary Dissolusion and ask for assistance in obtaining a divorce since your incarcerated husband at the last minute recinded his consent to the divorce, you may be able to get the final decree even back dated to the original date it should have been final via a process known as nunc pro tunc. THis will require an additional declaration. Please note that if you had any Conjugal visits, that could further complicate things.

    Depending on when your divorce is final, will determine how and what you can do re establishing paternity. If you have had any Conjugal visits and there is a possibility this is the child of your husband then both putative fathers will have to have DNA testing. Remember, a child born of the marriage or within 300 days of it is presumed to be the child of the marriage and you as the mother, have 2 years from the birth of the child to petition the court to establish paternity other than your husband, you can also file a paternity case against the putative father at the same time you follow through with your divorce and the court will order the dna test after the baby is born, unless there is a reason to do amnio before, then at least you have the case filed and it also establishes the earliest possible date for child support. The same would hold true if you apply for state aid of any sort.


    Since he is deployed he can envoke the SSCRA to delay civil proceedings until his return unless there is already litigaiton in progress, so that paper he supposedly signed is important or if it was only his word, that you have some sort of proof or evidence in writing, also the military routinely banks DNA samples for ID purposes so if he were to die while deployed or anytime before paternity was established you would still be able to establish paternity and access your child's benefits.

    Custody and visitation are different issues, separate and apart from paternity and child support. As you may also know a part of the formula for childsupport takes into account medical insurance, the incomes of both parents and parenting time. In CA these matters can be resolved in mediation so you can work out two sets of orders depending on whether he is or not deployed.

  2. #2

    Default Re: divorce problems

    Okay, thank you, but why would I have to establish paternity from my husband. I haven't seen my husband since the day he went to prison. The father of the baby is military though. And he wants to establish paternity because I broke up with him after I found out I was pregnant and he thought I cheated on him with someone else i.e. not my husband. But, I didn't so don't get the wrong idea of me. I just want to file a divorce from my husband and I don't know how to anymore since he stopped the first one. Could he stop the divorce any other time I file? I mean, I can get a divorce from him whether he wants it or not right? I can't move on and get into another relationship later on and then want to get married to someone else if my husband doesn't want to move on.

  3. #3
    Join Date
    Jul 2006
    Posts
    984

    Default Re: divorce problems

    Quote Quoting virginia_princess21
    Okay, thank you, but why would I have to establish paternity from my husband. I haven't seen my husband since the day he went to prison. The father of the baby is military though. And he wants to establish paternity because I broke up with him after I found out I was pregnant and he thought I cheated on him with someone else i.e. not my husband. But, I didn't so don't get the wrong idea of me. I just want to file a divorce from my husband and I don't know how to anymore since he stopped the first one. Could he stop the divorce any other time I file? I mean, I can get a divorce from him whether he wants it or not right? I can't move on and get into another relationship later on and then want to get married to someone else if my husband doesn't want to move on.
    YOu have to estab/disestab paternity with your husband because the child will legally be his and that is the law and you have to do that within 2 years because that is the law. Yes you can divorce your husband, go to the Family Law Facilitator's office and ask for assistance filing a motion to the court to grant you a divorce from your incarcerated husband, since you have not cohabitated he cannot claim legal paternity of your child but you will still need to file the paternity action. I am not going to type it all out again.

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