Help please

[HaydenSI]

What is the name of your state (only U.S. law)? South Carolina

Mt girlfriend is still legally married but separated. She is 6 weeks pregnant with my child and we were told that her "husband" could possibly get custody of the child if the divorce doesn't go through now. Also we are trying to get her on medicaid but she is on his insurance and can not get off until the divorce paperwork goes through DEERS but we do not want to use his insurance so there is no paper trail that could possible grant him custody. Is there any way around this and is there any way to speed up the divorce? they have been separated since march but she has proof of both parties committing adultery.. would this speed up the process any faster?

 

[Proserpina]

What is the name of your state (only U.S. law)? South Carolina

Mt girlfriend is still legally married but separated. She is 6 weeks pregnant with my child and we were told that her "husband" could possibly get custody of the child if the divorce doesn't go through now. Also we are trying to get her on medicaid but she is on his insurance and can not get off until the divorce paperwork goes through DEERS but we do not want to use his insurance so there is no paper trail that could possible grant him custody. Is there any way around this and is there any way to speed up the divorce? they have been separated since march but she has proof of both parties committing adultery.. would this speed up the process any faster?

Congratulations to her and her husband - they are about to become parents!

The divorce will NOT be completed until the child is born.

THEN the husband's presumed paternity will have to be disestablished.

 

[HaydenSI]

So your telling me that he will gain custody? What if he were to say he did not want custody and said he also wanted the divorce as fast as possible. Would this help any? She is pushing the divorce for adultery. They have been separated for quite some time now.

 

[Isis1]

So your telling me that he will gain custody? What if he were to say he did not want custody and said he also wanted the divorce as fast as possible. Would this help any? She is pushing the divorce for adultery. They have been separated for quite some time now.

she said NOTHING like that!

CA law will not allow the parents to divorce while there is a pending pregnancy.

mom needs to list this pregnancy in the divorce. she needs to let the court know of her pregnancy and of her extramarital affair. once the child is born, husband needs to disestablish paternity and YOU need to establish paternity as a part of their divorce.

mom can still use her insurance. until the divorce. mom should pay the remaing debt of the hospital bills.

 

[HaydenSI]

So your telling me that he will gain custody? What if he were to say he did not want custody and said he also wanted the divorce as fast as possible. Would this help any? She is pushing the divorce for adultery. They have been separated for quite some time now.

So your telling me that he will gain custody? What if he were to say he did not want custody and said he also wanted the divorce as fast as possible. Would this help any? She is pushing the divorce for adultery. They have been separated for quite some time now.

 

[Isis1]

So your telling me that he will gain custody? What if he were to say he did not want custody and said he also wanted the divorce as fast as possible. Would this help any? She is pushing the divorce for adultery. They have been separated for quite some time now.

it won't happen any faster then 6 months. and in this case, even longer with the pregnancy.

 

[Ozark_Sophist]

Generally, divorce does not happen when one of the parties is pregnant so as to insure the child receives the support of both parents. This does not mean he will get custody.

 

[Proserpina]

So your telling me that he will gain custody? What if he were to say he did not want custody and said he also wanted the divorce as fast as possible. Would this help any? She is pushing the divorce for adultery. They have been separated for quite some time now.

I said nothing of the sort.

Re-read Isis' post.

 

[Proserpina]

Seriously.

Whatever his adulterous transgressions may be, they won't make the divorce go any faster.

 

[HaydenSI]

uh, does she know you are posting her very private information online?

Yes we are going to talk to a lawyer in 2 weeks but she is stressing and wanted me to do some research now as fast as possible.. plus im deleting the in depth post after it gets answered

 

[Proserpina]

(I don't know whether OP himself deleted/edited his last post, but I'll comment).

Rape allegation based upon a couple of text messages?

Here's how that will go:

"Your honor, my clients regularly engaged in rape fantasies - it was part of their intimate life together. Surely if she had actually been raped, she would have reported the rape? It is only now that she is pregnant with someone else's child, that she wants to try and use their prior fantasies against her husband".

The husband's past dalliances won't help the divorce go faster.

Mom needs to deal.

 

[HaydenSI]

(I don't know whether OP himself deleted/edited his last post, but I'll comment).

Rape allegation based upon a couple of text messages?

Here's how that will go:

"Your honor, my clients regularly engaged in rape fantasies - it was part of their intimate life together. Surely if she had actually been raped, she would have reported the rape? It is only now that she is pregnant with someone else's child, that she wants to try and use their prior fantasies against her husband".

The husband's past dalliances won't help the divorce go faster.

Mom needs to deal.

i did delete it and My Main question is 1. they have been seperated for a year now.. 2. it was going to be a no contest divorce but he is taking his sweet time with the papers there for she is going to try and push for adultery on both sides. would this make the actual divorce faster than if she were to just pressure him into getting his JAG officer to write the papers up or no?

 

[Proserpina]

i did delete it and its a couple of Emails where she repeatedly says she said no and what not and he just shrugs it off and basically has the same response..

And again, it's not going to make the divorce go any faster.


Dude - with all due respect, what are you not getting? She's PREGNANT. The court will NOT effectively b a s t a rdize a child in this manner. The divorce WILL NOT be completed until the child is born.

 

[HaydenSI]

And again, it's not going to make the divorce go any faster.

sorry i didnt mean to retype that i edited my last post what i meant to ask was


My Main question is 1. they have been seperated for a year now.. 2. it was going to be a no contest divorce but he is taking his sweet time with the papers there for she is going to try and push for adultery on both sides. would this make the actual divorce faster than if she were to just pressure him into getting his JAG officer to write the papers up or no?

 

[Proserpina]

Read my previous post.