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  #1  
Old 07-29-2005, 02:26 AM
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Join Date: Jul 2005
Posts: 1

Needing Divorce Advice


What is the name of your state? AR

Before I begin, let me tell you that this is a very complicated story.

The beginning of last year, my boyfriend split from his wife of almost a year. She cheated on him with another guy (and a few other people), from what I have heard from him as well as his friends and her friends, he was faithful the entire time. We met while they were married, but did not begin to date until the end of October, last year. He payed for a divorce in December of the same year. It is now July of the next year, and he is still married. His wife became pregnant with another mans child in February of this year. The guy she is with is claiming the kid and has been to all of the appointments with her. In Arkansas we have what is known as the ******* law, which prevents a divorce from happening while a pregnancy is happening. I have asked him as well as his family and friends several times if there is a chance it is his, and I have gotten no from every end. The baby was conceived in February 2005 with this man, Jason, and we've been together since October of 04, so there is no chance that it is his. We are having to wait until a DNA test is performed before a divorce will be granted, so we have until November, when the baby is due. Is there a way that the baby might have his last name, since they are still married, even if it is not his kid? Is there anything we can do to prevent it from having his last name? If this is an at-fault marriage, on her part, what can be done? Will we be reimbursed for the DNA test we are having to pay for so that he can get divorced? I want to see all of our options. She has slowed down the process greatly. She was served the papers in January of 05 and refused to sign them, trying to reconcile. February of 05 she got pregnant, so we are having to wait it out. I want to know what all we can do as far as reimbursment and a quicker way to get this done.
  #2  
Old 07-29-2005, 08:54 AM
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Join Date: May 2002
Posts: 29,677
The divorce is NOT going to go through until the child is born and paternity established. Period. He can certainly include in his divorce filing that he would like her ordered to pay for the paternity test should it not be his child (and sweetie - never say never).

She is allowed to name the child anything she likes. If she's retaining his last name, he may as well resign himself to the child sharing that name as well.
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