Legal Question in Family Law in Florida
Hello,
I've been married for almost 3 years now. Me and my wife, got married in San Diego California, and No, none of us currently resides there. She is maintaining residency in Nebraska for the past 2 years.
I am an active duty marine, and currently deployed overseas. I found evidence of my spouse cheating on me, and is currently pregnant with someone else's child. Due to my current geolocation, and being deployed, there really isnt much at all i can do about ending this marriage at this time. My concerns, which ties up with my question is, what would happen if she gives birth to that baby before i manage to get myself stateside and put an end to the marriage? And if she does give birth to the baby while we are still married, is she able to claim anything from me, even if i prove that the baby isnt mine? I mean, ive been out here for longer then a year now, and my military orders can confirm that.
What am i to expect? Please, any kind of information on this matter would be more then helpful, as i am out of resources on the matter.
Thank you very much in advance.
2 Answers from Attorneys
You have an attorney at your current location. Why are you not asking them for the information. Divorces for deployed soldiers are done very day. Since she is in Nebraska serve her papers in the county which she resides. You could ask her if she is willing to just consent to a divorce. As to your personal property - I assume there is someone that can collect those for you.
Since you are the legal birth father - until you disprove the birth by court you are on the hook for child support and for her medical care since she is probably using the base for her med care.
Agree with Ms. Becude. You must talk to JAG ASAP. It is possible the Wife wants a divorce just as badly so the child will have the real Father's name. If she agrees then both parties sign what's called a Marital Settlement Agreement, there is a hearing (usually an active duty military person is not required to attend) and the divorce is granted. You should address this question to a Nebraska attorney.
Discuss with your attorney how to object to having your name on the Birth Certificate.
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