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  1. #1
    Join Date
    Sep 2009
    Location
    Clearwater, Florida
    Posts
    3

    Question Husband Won't Sign Divorce Papers, Baby on the Way with Boyfriend

    My question involves paternity law for the State of: Florida
    My husband and I have been seperated almost a year and a half. I filed for divorce but it has been dificult to serve my ex since he won't tell me where he is. I have since become pregnant by my boyfriend and we wre told my husband will be the legal father of our child if my divorce isn't final before he/she is born. Can I still give the child the biological fathers last name? Do I even have to tell my husband I have another child? He isn't local so he won't know unless I tell him. And will the legal father vs. biological father be an issue at all if he doesn't fight me in court? My husband doesn't want the child but he will do almost anything to cause me grief so I need to know what I could be up against should he find out I am pregnant.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Husband Won't Sign Divorce Papers, Baby on the Way with Boyfriend

    Most jurisdictions will stop divorce proceedings if it is found that one of the parties is pregnant.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Husband Won't Sign Divorce Papers, Baby on the Way with Boyfriend

    Some states will stay the entry of a divorce judgment, or will reserve the issue of nonpaternity, support and custody, until after the child is born and DNA testing can be administered. I don't see a prohibition on a grant of divorce during pregnancy under Florida's statutes or court rules, but even assuming there is no law, as a practical matter some courts may choose not enter the divorce judgment until paternity issues are resolved through genetic testing.

    If you can't serve your husband by conventional means, petition the court to allow substituted service.

    You can raise the issue of pregnancy and nonpaternity in your divorce complaint. From what you say, you want the judge to rule on the issue of nonpaternity. You may not use Florida's simplified dissolution procedure if you are pregnant.

  4. #4
    Join Date
    Sep 2009
    Location
    Clearwater, Florida
    Posts
    3

    Default Re: Husband Won't Sign Divorce Papers, Baby on the Way with Boyfriend

    But if the ex husband doesn't know about the pregnancy how will it be an issue? The child isn't his he definately won't say it is his.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Husband Won't Sign Divorce Papers, Baby on the Way with Boyfriend

    Quote Quoting Jodi
    View Post
    But if the ex husband doesn't know about the pregnancy how will it be an issue? The child isn't his he definately won't say it is his.
    Because...

    A) he is not your ex husband
    B) any children conceived or born during a marriage are considered, legally, to be the product of that marriage until paternity is established by another party.

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