uncontested divorce

[fccce]

What is the name of your state (only U.S. law)? ohio
Hello ,i'v been living in ohio for the past 4 yrs,me and my wife seperated 4 yra ago,she live in California,I filed on my own for default uncontested divorce,I have a court day in 28 days from today,we don't have any children or property or anything to split,she had a baby from somebodyelse 7 months ago,they send me aknowldgment of paternety and noterized it ,will that be enough to show the judge ?,since she isn't talking to me i don't know what else i can do ,i don't even know if she will appear in court ?
my second question is :I'm originally from Israel ,befor i got married to her I inherit a house from my father ,In israel law she isn't intitled to claim half of it beacuse i inherit it befor i got married ,do I have to include the house that i have in Israel as of one of my assets,or I don't have to since i own that house befor i got married to her.
Thank you so muchWhat is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? ohio
Hello ,i'v been living in ohio for the past 4 yrs,me and my wife seperated 4 yra ago,she live in California,I filed on my own for default uncontested divorce,I have a court day in 28 days from today,we don't have any children or property or anything to split,she had a baby from somebodyelse 7 months ago,they send me aknowldgment of paternety and noterized it ,will that be enough to show the judge ?,since she isn't talking to me i don't know what else i can do ,i don't even know if she will appear in court ?
my second question is :I'm originally from Israel ,befor i got married to her I inherit a house from my father ,In israel law she isn't intitled to claim half of it beacuse i inherit it befor i got married ,do I have to include the house that i have in Israel as of one of my assets,or I don't have to since i own that house befor i got married to her.
Thank you so muchWhat is the name of your state (only U.S. law)?

In the US all inheritances are separate property, no matter when you inherit them. So no, the house is not part of the marital assets. In addition, since it was premarital property it also is not marital, and last, but not least, its in another country therefore the US courts do not have jurisdiction regarding the house. So, there are three different reasons why its all yours.

 

[fccce]

Ldij
Thank you so much for your help.I feel much better now
Can you please answer my second question too, about the acknowledgment of paternity
thank you

 

[seniorjudge]

Ldij
Thank you so much for your help.I feel much better now
Can you please answer my second question too, about the acknowledgment of paternity
thank you

The US court does not have jurisdiction over Israeli property.

I do not understand your paternity question: Rephrase it, please.

 

[fccce]

Thank u again Ldij
My question about the paternity is like that:
me and my wife have no children ,seven month ago she had a baby with another guy,the biological father want to take resposibility for the baby and they want to raise the baby together,they even send me acknowledgment of paternity with the biological father signature on it and he noterized it as well,my wife can't sign it beacuse she still legally married to me, I want to know that if I take the paper that they send me to the court will be acceptable in the judge's eyes?
I hope that my question is more clear
Thank you so much

 

[LdiJ]

Thank u again Ldij
My question about the paternity is like that:
me and my wife have no children ,seven month ago she had a baby with another guy,the biological father want to take resposibility for the baby and they want to raise the baby together,they even send me acknowledgment of paternity with the biological father signature on it and he noterized it as well,my wife can't sign it beacuse she still legally married to me, I want to know that if I take the paper that they send me to the court will be acceptable in the judge's eyes?
I hope that my question is more clear
Thank you so much

So, you are admitting that your wife had a baby while married to you, which would make you the legal father, but you are hoping that the judge in your divorce will declare that you are not the legal father?

It doesn't work that way....or at least, its not supposed to work that way. The legal father should be filing a case for paternity, so that a judge will order a DNA test to definitively prove who is the father of the child.

Do you have an attorney? Does your soon to be ex wife have an attorney? Does the biological father have an attorney? If not, perhaps you should all be thinking about hiring one for each of you, because if you want this to all happen without mishap or confusion, it all needs to be done legally.

whose name appears as father on the child's birth certificate?

 

[Ohiogal]

So, you are admitting that your wife had a baby while married to you, which would make you the legal father, but you are hoping that the judge in your divorce will declare that you are not the legal father?

It doesn't work that way....or at least, its not supposed to work that way. The legal father should be filing a case for paternity, so that a judge will order a DNA test to definitively prove who is the father of the child.

Do you have an attorney? Does your soon to be ex wife have an attorney? Does the biological father have an attorney? If not, perhaps you should all be thinking about hiring one for each of you, because if you want this to all happen without mishap or confusion, it all needs to be done legally.

whose name appears as father on the child's birth certificate?

LD in Ohio a judge will really want dad to disestablish paternity which may involved a paternity test. If he has a CERTIFIED copy of the AOP a court COULD accept that in addition to dad's sworn testimony that he is not the father. Though how mom was able to have an AOP signed while she is married is a whole other issue. Dad may want to consult with an attorney in the COUNTY he has filed for divorce or he may find himself being daddy and having his case dismissed for failure to to file the proper paperwork depending on that county handles it.
I know around me some counties are VERY stringent about requiring DNA tests and others will accept testimony to disestablish hubby's paternity.

 

[fccce]

Thank you so very much for replying! I really appreciate all of your help.
If I can I would like to clarify even further. The most important thing for me at this point is to make sure that the divorce itself is granted at the hearing. Do you think that the judge would grant the divorce without the details worked out regarding the paternity of the child?
Given that I do have the acknowledgement of paternity paper signed by the biological father and that the mother does want the biological fathers name to be on the birth certificate of the child as well. What do you think?
Thanks again!

 

[LdiJ]

LD in Ohio a judge will really want dad to disestablish paternity which may involved a paternity test. If he has a CERTIFIED copy of the AOP a court COULD accept that in addition to dad's sworn testimony that he is not the father. Though how mom was able to have an AOP signed while she is married is a whole other issue. Dad may want to consult with an attorney in the COUNTY he has filed for divorce or he may find himself being daddy and having his case dismissed for failure to to file the proper paperwork depending on that county handles it.
I know around me some counties are VERY stringent about requiring DNA tests and others will accept testimony to disestablish hubby's paternity.

OG, I don't think that the AOP has been submitted or processed yet. He said that dad had signed it, but that mom hadn't signed it yet. So I don't think it can be a certified copy.

Also, CA obviously has jurisdiction where the child is concerned.

 

[TinkerBelleLuvr]

OP - this is NOT a simple uncontested divorce. You NEED a lawyer, possibly two. As Ldij pointed out, California is involved because the child was born there and your STBX is a California resident. Ohio does NOT have jurisdiction over them.

 

[Ohiogal]

Thank you so very much for replying! I really appreciate all of your help.
If I can I would like to clarify even further. The most important thing for me at this point is to make sure that the divorce itself is granted at the hearing. Do you think that the judge would grant the divorce without the details worked out regarding the paternity of the child?
Given that I do have the acknowledgement of paternity paper signed by the biological father and that the mother does want the biological fathers name to be on the birth certificate of the child as well. What do you think?
Thanks again!

No. You will not get a divorce with the question of this child's paternity out there -- you will need to be disestablished as daddy before the divorce takes place quite frankly or you will be the child's legal father continuing.

 

[Ohiogal]

OP - this is NOT a simple uncontested divorce. You NEED a lawyer, possibly two. As Ldij pointed out, California is involved because the child was born there and your STBX is a California resident. Ohio does NOT have jurisdiction over them.

Not quite. OP filed for divorce in Ohio. His STBX never responded and if she was served properly she has consented to jurisdiction being in Ohio. Because the child is considered a child of the marriage and OP is legal father then Ohio DOES have jurisdiction over the baby as far as the divorce is concerned and OP's role in the baby's life. But he does need an attorney.