• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

assortment of problems...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

erikausaf

Junior Member
What is the name of your state? IL

I will try to keep this brief. My husband and I were both in the military when we got married almost two years ago in Japan. Our marriage certificate is only in Japanese but I have heard that it is legal here in the US. I wonder if we can just ignore the marriage or if it truly is legal/documented anywhere here?

Anyway, we filed for separation around November of last year. He never signed the paperwork but he kept it (with supposedly the intention of always getting it signed). Now I am out of the Air Force (as of a month ago) and I have moved to IL to go to school. Then I found out I am pregnant. It is definitely his. And he knows this (but is VERY upset by it). He is still in Japan. Supposedly our separation would be void because we obviously lived together/had sex after I signed it and got it notarized.

Now, how/when can I file for child support? Is this going to take forever to get? He gets out of the military in January and will more then likely go to school also (therefore not have any income...). Theoretically I should be his military dependant and should be getting my health care covered under him. However, he has wanted a divorce for a long time and wants to live the single (legally cheating) life and therefore does not want to put me on his paperwork as his dependant. Techincally I am not covered under school and medical assistance because SOMEWHERE there is a marriage certificate between us in Japanese...I need to know what to do. Since I have no income right now, I can't really afford to hire a lawyer. It won't be contested (he wants it much more then I do) but very shortly there will be a problem with me applying for aid and not having an answer to the married/divorced/separated/single questions...I can put single and no one would probabaly ever know but I don't want this to come back to bite me someday.
Thanks for any help...
 


LdiJ

Senior Member
A legal marriage in another country is recognized in the United States. If you have separation paperwork but it has not been submitted to the courts then you are NOT legally separated....even if you both signed it. Its not legal until a judge signs it.

Until you are divorced you are his dependent and are entitled to the military benefits. In fact, I am pretty sure that in IL you can't even GET divorced....because you are pregnant. The divorce will probably have to wait until after you have had the baby. If he won't cooperate with putting you down as his dependent, then talk to his command. You need the medical coverage for the pregnancy.

You can file for child support simply by going down to your local child support agency (after the child is born) and applying. Your marital status would basically be irrelevant since you are separated, even though you are not legally separated.
 

Silverplum

Senior Member
LdiJ said:
A legal marriage in another country is recognized in the United States. If you have separation paperwork but it has not been submitted to the courts then you are NOT legally separated....even if you both signed it. Its not legal until a judge signs it.

Until you are divorced you are his dependent and are entitled to the military benefits. In fact, I am pretty sure that in IL you can't even GET divorced....because you are pregnant. The divorce will probably have to wait until after you have had the baby. If he won't cooperate with putting you down as his dependent, then talk to his command. You need the medical coverage for the pregnancy.

You can file for child support simply by going down to your local child support agency (after the child is born) and applying. Your marital status would basically be irrelevant since you are separated, even though you are not legally separated.
Well, that's a basic way of putting it. :rolleyes: It'll hardly be that easy.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top