Where to start....or finish as it may be

[les2251]

What is the name of your state? California
My wife and I were together for 5 years, married for 2 years. We are now seperated for a month. I left last year after her indescretions and returned to her in March of this year. I left again July 25th. We have no children, but she is apparently nearly 4 months pregnant after these last months together. I would like to get a divorce. She says I will never see the baby. I am on disability and truly unable to afford an attorney. I guess my questions would be: If I divorce her now, would that possibly have an affect on my case later when the child is born?, I would like at the very least joint physical custody of my child. Can I petition for a DNA test to see whether it is my child after birth or not? How would I go about getting my divorce myself and not have a negative effect on my later possible paternity and custody case. I can locate the paperwork and forms to file, I just want to make sure that I file the correct paperwork and get this divorce out of my hair asap. Thanks so much. All advice accepted and appreciated. Steve

 

[moburkes]

She cannot keep you from your child (if it is your child), and since you were married when she conceived, the courts will assume that it will be your child. Standby for advice on how to get divorced.

 

[les2251]

I think it was entrapment, however, I am willing to stand up and be a Dad and thrilled to do it, I have wanted a baby for years, but she has a pattern of using her other son against the father. I can do the papers and file them, just want to not make irreversible mistakes. Gosh, thanks for the good info. I wasnt sure that if married, the child would be considered mine, though I had heard that.

 

[moburkes]

I think it was entrapment, however, I am willing to stand up and be a Dad and thrilled to do it, I have wanted a baby for years, but she has a pattern of using her other son against the father. I can do the papers and file them, just want to not make irreversible mistakes. Gosh, thanks for the good info. I wasnt sure that if married, the child would be considered mine, though I had heard that.

You're kidding right? Who told you to stick it in there - and be dumb enough not to use protection?

 

[les2251]

No, I am not kidding, she had an IUD and had it removed without my knowledge, and she admits to this.

 

[les2251]

You know there are cases where a spouse pulls this kind of crap on people, and she did have it removed, without my knowledge, she admits to having it removed with out my knowledge and laughed about it and said Gotcha. So where to go from there? Apparently I wont be getting any help or understanding here.

 

[Silverplum]

No, I am not kidding, she had an IUD and had it removed without my knowledge, and she admits to this.

Legally, that is irrelevant. What matters is whether or not the child is yours. You may (and should) require a DNA test before agreeing to paternity.

 

[les2251]

I plan to request a DNA test for paternity, I just wanted to get my divorce started beofre waiting 6 more months before the child is born and was inquiring how to do that. Thanks so much.

 

[Silverplum]

I plan to request a DNA test for paternity, I just wanted to get my divorce started beofre waiting 6 more months before the child is born and was inquiring how to do that. Thanks so much.

No go. You can't get divorced while pregnant.

And no, you will not find sympathy here. This is not a support site. It's a legal site.