Legal Question in Family Law in Utah
Getting a Military Divorce?
I am an outsider looking in. I have a really close friend who is in the Navy and just deployed in January. Well he has been trying to get divoced for the past 7 months. He tried to do it himself but she wouldn't give him any info he needed so he has to get a lawyer.
Okay here's the story, before the got married she was pregnant and it was NOT his and a month after they were married she said it was a mistake. Well he's stationed in WA and she lives here in UT and ever since they have been married have not lived w each other. Well the navy told him he needs to pay a lawyer or parilegal to get the info they need. And just the other day she had wrote the Navy a e-mail stating she need her baby which is NOT his on his papers so the baby can have insurance. Can she do that w out a test showing that's not his baby? And in the end will he have to pay alimony or/and child support? And what is his best option to get his divorced started while over seas? And can he give someone power of attroney to get his divorced started while he's over seas?
2 Answers from Attorneys
Re: Getting a Military Divorce?
If the child was born after the date of marriage, there is a rebuttal presumption that he is the natural and biological father of the child, in which event, he would be obligated to pay child support. Also, he would be entitled to visitation rights with the child. However, if he is not the biological father, he is under the legal burden of disproving paternity. This would relieve him of any obligation to pay child support, but would also deprive him of any rights of visitation. With respect to alimony, it's highly doubtful any would be awarded in light of the very short duration of the marriage. I would be happy to assist him if he would like to retain me to assist him. My email is [email protected]
Re: Getting a Military Divorce?
You friend needs a Utah attorney to complete the divorce, and to get a paternity determination. There is a presumption that a child born during a marriage is the product of the marriage, so the military may add her on his medical until he gets a court determination. He cannot give a power of attorney, but the proceedings can generally proceed even though he is overseas. Have him contact me for a free consultation.
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