Texas Divorce Question

[Texas Terry]

Hello Folks!
I have a Texas divorce question for you.
My son was married almost a year when his new bride decided marriage wasn't what she thought it should be. They are both young. He is 22 and She is 19.

She moved out of their apartment and moved to Austin. I tried to convince him to go ahead and get a divorce. He wouldn't do it, Hoping she would come back.

Finally about a year later, He gets a local attorney and proceeds to file the papers and such. Contacted her about it. She tells him she is now pregnant. (not his tho) Lawyer says he can't file if she is pregnant. She says to lie about it and file anyway.
He doesn't want to lie about that in court. Could be a problem later. Maybe even nullify the divorce.

Now she has had the baby but refuses to cooperate. His lawyer is saying she must sign a statement saying the baby is not his.
She is ok with that but lawyer says she must provide the social security # of real father. That's the issue now.

The court will order a paternity test anyway. Right?
Can we move forward without a statement signed by her?
She absolutely refuses to provide the real father's info. She isn't even living with that guy anymore.

Any advice or suggestions? We are kinda stuck here.

Apologies for the long winded post.What is the name of your state (only U.S. law)?

 

[mistoffolees]

Hello Folks!
I have a Texas divorce question for you.
My son was married almost a year when his new bride decided marriage wasn't what she thought it should be. They are both young. He is 22 and She is 19.

She moved out of their apartment and moved to Austin. I tried to convince him to go ahead and get a divorce. He wouldn't do it, Hoping she would come back.

Finally about a year later, He gets a local attorney and proceeds to file the papers and such. Contacted her about it. She tells him she is now pregnant. (not his tho) Lawyer says he can't file if she is pregnant. She says to lie about it and file anyway.
He doesn't want to lie about that in court. Could be a problem later. Maybe even nullify the divorce.

Now she has had the baby but refuses to cooperate. His lawyer is saying she must sign a statement saying the baby is not his.
She is ok with that but lawyer says she must provide the social security # of real father. That's the issue now.

The court will order a paternity test anyway. Right?
Can we move forward without a statement signed by her?
She absolutely refuses to provide the real father's info. She isn't even living with that guy anymore.

Any advice or suggestions? We are kinda stuck here.

Apologies for the long winded post.What is the name of your state (only U.S. law)?

He can ask the court to administer a paternity test and to verify that the child is not his. He will then be able to proceed with divorce - whether she wants it or not. It will be more expensive if she fights it, but it can be done.

 

[Texas Terry]

She is cool with getting the divorce. She says she can't get housing assistance or foodstamps till the divorce is final.
She is just being stubborn about naming the actual father.
We don't need to know that at this stage tho.
Is that correct?

 

[mistoffolees]

She is cool with getting the divorce. She says she can't get housing assistance or foodstamps till the divorce is final.
She is just being stubborn about naming the actual father.
We don't need to know that at this stage tho.
Is that correct?

No, you don't need that. Once you get the court to do a paternity test, you will prove that you're not the father and it won't matter to you who the father is. I don't know whether or not the divorce court will ask her, but it's not your problem if they do.

She probably won't be able to apply for housing assistance or foodstamps without disclosing the father since the state will want her to attempt to get child support from him. But that's not your concern and I wouldn't suggest mentioning it.

 

[Texas Terry]

Thank You very much for the replies.
I hope we can move forward now. Need to distance ourselves from
this young lady.

This has been very helpful and I truely appreciate the advice.

Terry