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What a mess

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skippyNY

Junior Member
What is the name of your state (only U.S. law)? New York

Although the marriage was in Virginia. Both were legal residents of NY at the time.

My son is in the Army serving overseas.

He married at 20 and the marriage was a mess from the start. She lived with him for a short while overseas, but she couldn't keep from seeing other soldiers. It was a well know fact, and she was kicked off the base and sent back to NY.

The time to get divorced was then (2 years ago), but things kept getting put on the back-burner, and eventually my son was deployed to Iraq. A year later he came home on leave and the both started the separation process. They were told that this is how it is done in NY even though they both were willing to get the divorce (no fault?)

She has had several relationships since then, and now is pregnant from a guy who took off on her.

My son would like to expedite the process and get the divorce sooner. She refuses to now because she wants to be covered under Tricare (military insurance.) She lives at home with her father who has the means to support her, and she continues to live and act like a teenager.

My concerns are many. First, the baby is not my sons. This isn't even a claim that is being made, and would be almost impossible anyway. Besides, she openly talks about who the father is.

*What, if any responsibility does he have since they are still married?
*Can he quicken the divorce process because of this?
*Does the baby end up with his last name?
*What else should we be looking at to avoid making this mess any bigger?
*Can she prolong a divorce so to take advantage of the benefits she gets now?

As you can see... what a mess.
 


Zigner

Senior Member, Non-Attorney
Your son has a new baby on the way, congratulations! The divorce will not be able to proceed until the child is born.

The best thing you can do is help your son pay for an attorney...
 

mommyof4

Senior Member
*What, if any responsibility does he have since they are still married?
In regard to....?
*Can he quicken the divorce process because of this?
Nope, just the opposite.
*Does the baby end up with his last name?
That's up to Mom and Dad (that would be your son until legally established otherwise)
*What else should we be looking at to avoid making this mess any bigger?
Sorry, not much help we can give you there.
*Can she prolong a divorce so to take advantage of the benefits she gets now?
The divorce will not be granted until after the birth of the child. During the divorce, he should dispute paternity.
 

skippyNY

Junior Member
Your son has a new baby on the way, congratulations! The divorce will not be able to proceed until the child is born.

The best thing you can do is help your son pay for an attorney...
I'm not sure if you're trying to be funny, or if you just missed the part about it not being his baby. I appreciate the advice from others that a paternity test will needed to establish this, but there is no doubt how that will part will turn out.
 

Rushia

Senior Member
I'm not sure if you're trying to be funny, or if you just missed the part about it not being his baby. I appreciate the advice from others that a paternity test will needed to establish this, but there is no doubt how that will part will turn out.
You don't understand. The child is his LEGALLY as the baby will be born during the marriage. He will NOT be able to divorce her while she is pregnant. After the child is born, he can dispute paternity during the divorce proceedings.
 

Ohiogal

Queen Bee
I'm not sure if you're trying to be funny, or if you just missed the part about it not being his baby. I appreciate the advice from others that a paternity test will needed to establish this, but there is no doubt how that will part will turn out.
Sorry but LEGALLY it is his baby until paternity is disestablished. So yes, he is the father of the baby until that happens. Not at all a joke or an attempt to be funny but the LEGAL truth.
 

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