what a mess....

[recbrw]

What is the name of your state (only U.S. law CA

If you could help, i would really appreciate it! I am currently active duty, and in the middle of a bad divorce. It should be finalized in August, but since we have seperated, I have been seeing someone and its gotten serious. I found out I am pregnant just 2 days ago. Problem being im still married until next month. Should I wait until my divorce is finalized to go to Medical to avoid issues with the UCMJ policy or what?? any advice would be extremely appreciated!!!! thank you!!

 

[Proserpina]

What is the name of your state (only U.S. law CA

If you could help, i would really appreciate it! I am currently active duty, and in the middle of a bad divorce. It should be finalized in August, but since we have seperated, I have been seeing someone and its gotten serious. I found out I am pregnant just 2 days ago. Problem being im still married until next month. Should I wait until my divorce is finalized to go to Medical to avoid issues with the UCMJ policy or what?? any advice would be extremely appreciated!!!! thank you!!

You might find that your divorce will not be finalized until after you've actually given birth - most courts are reluctant to grant a divorce in these circumstances.

(This also does effectively make your husband the presumed legal father)

 

[CourtClerk]

First of all, you asked this question in the military forum already.

Second, you act as if there is no one in the military that can do very simple math and deduce that you had an affair.

Third, your current husband will be declared the legal father of this child until paternity is disestablished, so you better amend the divorce petition to include the unborn child before you are found to have defrauded the court

A man is presumed to be the natural father of a child if he
meets the conditions provided in Chapter 1 (commencing with Section
7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any
of the following subdivisions:
(a) He and the child's natural mother are or have been married to
each other and the child is born during the marriage, or within 300
days after the marriage is terminated by death, annulment,
declaration of invalidity, or divorce, or after a judgment of
separation is entered by a court.

 

[Ohiogal]

What is the name of your state (only U.S. law CA

If you could help, i would really appreciate it! I am currently active duty, and in the middle of a bad divorce. It should be finalized in August, but since we have seperated, I have been seeing someone and its gotten serious. I found out I am pregnant just 2 days ago. Problem being im still married until next month. Should I wait until my divorce is finalized to go to Medical to avoid issues with the UCMJ policy or what?? any advice would be extremely appreciated!!!! thank you!!

So are you going to lie to the court if they ask you if you are pregnant?

 

[LdiJ]

So are you going to lie to the court if they ask you if you are pregnant?

It kind of sounds like they may be beyond that point in the process.

OP, if you have an attorney I suggest that you consult your attorney on this issue. If you do not have an attorney then I suggest that you find one (in the appropriate jurisdiction) to consult.

 

[Proserpina]

It kind of sounds like they may be beyond that point in the process.

OP, if you have an attorney I suggest that you consult your attorney on this issue. If you do not have an attorney then I suggest that you find one (in the appropriate jurisdiction) to consult.

Doesn't the court have to be notified regardless of the stage of either the divorce or the pregnancy?

(or am I misunderstanding?)

 

[Ohiogal]

It kind of sounds like they may be beyond that point in the process.

OP, if you have an attorney I suggest that you consult your attorney on this issue. If you do not have an attorney then I suggest that you find one (in the appropriate jurisdiction) to consult.

She is required to tell the court that she is pregnant. Beyond that point? They are NOT divorced. Normally there is going to be a hearing before finalization or at least a hearing date.

 

[LdiJ]

Doesn't the court have to be notified regardless of the stage of either the divorce or the pregnancy?

(or am I misunderstanding?)

It depends on the individual state law. If its all over but the judge signing off on the paperwork, then the question was already asked, probably before she actually concieved.

She needs a local attorney to advise her on this issue.

 

[CourtClerk]

Doesn't the court have to be notified regardless of the stage of either the divorce or the pregnancy?

(or am I misunderstanding?)

You are correct

 

[CourtClerk]

It depends on the individual state law. If its all over but the judge signing off on the paperwork, then the question was already asked, probably before she actually concieved.

She needs a local attorney to advise her on this issue.

If all that was waiting was for the signing off on the paperwork, then they'd already be divorced because the date of dissolution of the marriage would already be on record... she is responsible for notifying the court of the child, because issues of the child MUST be dealt with in the divorce, and that's PER statute. Regardless of the date of conception, this is a child of the marriage.

 

[LdiJ]

If all that was waiting was for the signing off on the paperwork, then they'd already be divorced because the date of dissolution of the marriage would already be on record... she is responsible for notifying the court of the child, because issues of the child MUST be dealt with in the divorce, and that's PER statute. Regardless of the date of conception, this is a child of the marriage.

She still really needs the advice of a local attorney. This situation is too complicated to rely on the advice of an internet message forum.

Its also going to place a high and rather unfair burden on her soon to be ex.