Legal Question in Family Law in Texas
The wife and the husband have been separated since August last year. The wife cheated on the husband while he was over seas. And she remained with the guy, And now during the divorce process she becomes pregnant by the other guy. The husband is on orders (army) to leave and be in Washington state by December 10th. The wife is not due until February 2014. If she will agree in court that the husband is not the father, And have the other guy testify that it is his, and not the husbands, Can the husband get his divorce finalized before February? Texas.
1 Answer from Attorneys
Divorce cannot be finalized until the baby is born usually. I did have on judge many years ago that let me finalize a divorce while wife was pregnant but that was 15 years ago and the courts have gotten a lot stricter these days.
Talk to an experienced family law attorney in your county.
Since husband is in military, the attorney might be able to do prove up with wife.
Or, if wife won't cooperate, the husband could possibility do it another way since he's in the military -- if the judge will permit it -- but if husband is in Washington State the judge might not. It's is totally up to the judge.
If not, husband will just have to fly back to prove it up one day. I've done several military divorces the the military has always cooperated when there was no other way to get the divorced finalized.
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