Legal Question in Family Law in Texas
Perjury involving a Divorce
A friend of mine has the following problem:
She is married now, but she hasn't lived with her husband for almost 1 1/2 years. She just recently had a baby by another man and her husband knows it, but still filed for a divorce stating there was no children in the marriage. She filed for divorce last summer and the judge told her that she needed a paternity test before he could grant the divorce. She now lives in another state due to Hurricane Rita, and since has been sent papers and served papers for the divorce, but she refuses to sign the papers because she would be committing perjury and she was told by her former atty in Texas not to sign, and she hasn't. What can she do?
1 Answer from Attorneys
Re: Perjury involving a Divorce
I'm not sure what the perjury is. If she filed the divorce, she knows that the child is not from the marriage. Apparently, the judge is the one who doesn't know this fact and he wants a paternity test to prove the fact. I'm not sure what papers she has been told not to sign so I cannot comment on that.
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