confusing divorse

[johnson52890]

What is the name of your state (only U.S. law)? GA

Ok my wife and i got married october 2008 right after i joined the army. we were both 18 and were not ready. i got stationed in new york and we moved there later in october. by the middle of november her dad got sick so she had to go back to georgia for what i thought was a short period of time however she decided to stay and refused to move back to new york. i tried to reconcile the marriage but after constant acusations of infadelity and her constant refusal to move back with me i started looking for a lawyer for a divorse. here comes the tricky part. she got pregnant while i was in basic. there is considerable doubt wheteher the child is mine or not. there was only one weekend in august where we could have been "together" which was during my 36 hour pass. the child was born april 27. i have tried getting a dna test done but she flat out refuses to get one done. i cant afford a lawyer anymore and she has consented to the divorse if i will terminate my rights. i dont want to terminate my rights if the child is mine. How can i legally make her do a dna test and get this done?

 

[Ohiogal]

What is the name of your state (only U.S. law)? GA

Ok my wife and i got married october 2008 right after i joined the army. we were both 18 and were not ready

Well you got married so being ready or not doesn't matter.

i got stationed in new york and we moved there later in october. by the middle of november her dad got sick so she had to go back to georgia for what i thought was a short period of time however she decided to stay and refused to move back to new york. i tried to reconcile the marriage but after constant acusations of infadelity and her constant refusal to move back with me i started looking for a lawyer for a divorse.

Did you maintain your residency in Georgia? You moved this past October? She moved back in November 2009?

here comes the tricky part. she got pregnant while i was in basic. there is considerable doubt wheteher the child is mine or not.

LEGALLY you are the daddy.

there was only one weekend in august where we could have been "together" which was during my 36 hour pass. the child was born april 27. i have tried getting a dna test done but she flat out refuses to get one done. i cant afford a lawyer anymore and she has consented to the divorse if i will terminate my rights. i dont want to terminate my rights if the child is mine. How can i legally make her do a dna test and get this done?

Legally the child is yours. Do not terminate your rights. Did you petition for divorce? Have you asked for a paternity test to be ordered for the child? If there is an open divorce case you need to petition for a paternity test due to the fact that this child may not be yours.

 

[johnson52890]

"Well you got married so being ready or not doesn't matter."

I understand that i was just making a comment.

"Did you maintain your residency in Georgia? You moved this past October? She moved back in November 2009?"

My residency stayed in Georgia although i was stationed in new york. we moved to new york in october 2008 and she left in november 2008. we spent a total of maybe a month together as an actual married couple.

"Legally the child is yours. Do not terminate your rights. Did you petition for divorce? Have you asked for a paternity test to be ordered for the child? If there is an open divorce case you need to petition for a paternity test due to the fact that this child may not be yours."

I understand that the child is legally mine. I want to be there and be a father if it is proven that he is mine. i also forgot to mention that we had sexual relations on August 30 but the two weeks prior she was in Michigan with her ex boyfriend and has admitted to having sexual relations with him during that time frame. I want to know whether this child is mine or not but i cant get her to consent to a DNA test. i paid close to 500 dollars for a test through DDC but she never completed her part of the testing. I haven't filed petition for divorce because im trying to figure out if Georgia can do a bifurcated divorce because i have been dating someone since January 2009 and im looking to get remarried. do you know if Georgia allows that? and how do i go about petitioning for a paternity test?

 

[TinkerBelleLuvr]

As part of your divorce motion, you ask the judge to order a paternity test thru the courts since there is doubt on the paternity of the child. The JUDGE can order all the parties to submit to the testing.

 

[Ohiogal]

The baby was born in APRIL 2008 and you were with her the weekend of August 30? Was the baby born "early"? Or at gestational age of 40 weeks or more?

You need to file for a paternity test as part of the divorce. Quite frankly YOU should NOT be looking to get remarried. YOu already did that and most likely you are only about 20 now. Slow yourself down. Get a divorce. Do not RUSH the next marriage. You keep doing this and you will be divorce 5 times before the age of 30.