Legal Question in Family Law in Texas
I am in a situation where.. while I was going thru my divorce, I got pregnant with my current husband�s child. But we did not get married til middle of May this year, so we�ve been married for only three months.
The child was born end of June and husband�s parents came to see the baby from Korea. I told my husband from the beginning and before we got married that if either parents are against our marriage, I do not want to marry him.
I found out after they came to the states to visit that it was so and with several different events happening, my husband and I no longer can stay together. He has already left the country without clearing out our relationship. Leaving all the mess for me to deal with� apartment, etc� He did not tell me directly, but he has told my pastor who have married us that he does not think the child is his, etc�
He is no longer in the country. I want to get our relationship sorted out as quickly as I can. I do not want to do anything with that man. He�s probably not going to pay child support� he was international student before he married me. I am a US citizen. He was not making any money before and he was getting supported by his parents.
I do not want to go thru a divorce. Would like to file an annulment. What are the differences between the two? I am a single mom now and very limited with my funds. I also need to change my baby�s name. I got into a lot of debt from my first marriage. What can I do?
He said to his friend before leaving the country that he�ll sign the annulment waiver document, if I send him the papers.
What are my options. He is not here� I do not want him to later come back and change his mind and say that he wants our child. Please help!
Thank you.
Jenny
2 Answers from Attorneys
I don't think you can have a marriage annulled if there is a child born from the marriage. The reason is that your husband has a duty to support the child and the right to visit the child.
If he does not believe the child is his he can ask for a DNA test.
Regarding the debt issues, you first need to understand whether it is your debt or your husband's debt. You are not responsible to pay his debt if you did not agree to pay it.
You need to consult a bankruptcy attorney.
If you cannot afford an attorney, you should look for legal aid organizations. Try your local courthouse, bar associaiton or law school. If they can't help you they should be able to point you to the right place.
Based on Texas law, I don't think that you qualify for an annulment. Find yourself a good attorney, and if you cannot afford one, contact legal aid or the bar of Texas, they can help you find an attorney that will work for you. Good luck, and may God bless you and your child.
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