Legal Question in Family Law in Georgia
Legally Seperated Husband Got Girfriend Pregnant.
Ok I have a friend who has been seperated from her husband for over a year now. He is in the Military and currently stationed in WA state. She lives in GA State at this time, recently she moved there from Pensilvania. She and he both have been seeing people since their seperation, while they are fighting over their dirty divorce. While she was at a doctor appointment, she ran into her husband's current girlfriend who happens to be getting ready for a baby in a month or so. My friend believe's that her husband is the expecting father. She has no real proof as to if it is true or not, only speculation. She think's she can demand a paternity test to be done, and that she can claim Adultery on her husband. With the end result being she will get full custody of their daughter, get him discharged from the military, and basically get everything she want's. Now, my question is can she claim Adultery on him even though they are and have been seperated for over a year and she too has been seeing someone else? Also she is refusing to allow him to see their daughter because of his girlfriend's pregnancy. So any info would be great, if applicable of course. Thank you all.
1 Answer from Attorneys
Re: Legally Seperated Husband Got Girfriend Pregnant.
I am going to assume that this divorce is happening in Washington; I am not qualified to address a divorce in Georgia.
Under Washington law the wife does not have standing to demand a paternity test of a third party, unless she can show relevance of the paternity to some issue in the dissolution.
Washington does not recognize any grounds for divorce (dissolution of marriage) other than "the marriage is irretrievably broke" the Washington equivalent of "irreconcileable differences." Adultery is not relevant to this matter and will not affect the parenting plan (custody order).
On the military side, adultery is a criminal act, but a third party can not be compelled to submit to a paternity test, and something to remember is that if a parent is forced out of job or his pay reduced, his support obligation would go down, and the child of the spouses could lose the benefits that accrue to being a military dependent. I also suspect that right at the moment the military is not going to want to prosecute this type of matter if the husband is a reasonably competent soldier (shortages of soldiers and need to keep as many in as possible may cause them to be less than attentive to such a complaint).
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