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    memoryann's Avatar
    memoryann Posts: 1, Reputation: 1
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    #1

    Jan 19, 2008, 06:27 PM
    Unmarried woman having married mans baby
    Okay so my roommate is currently figting with her husband (they are seperated) well now he's fighting for a divorce because his girl friend is having her baby and he says that unless he's divorced he can't sign the baby birth certificate now I can't find anything in Texas law and is that possible and he tells her he can get the divorce without her because he can say that he doesn't know where she is but he knows where she lives and her phone number we need some help she doesn't want the divorce and he keeps deciding that maybe he wants to be with her and it's the girlfriend that wants him to be divorced I just can't find anything about the father being married but not to the mother
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 19, 2008, 06:31 PM
    Of course he can sign the birth certificate, merely being married to someone else does not stop that. It does of course look bad in divorce court to have proof of the baby to use.

    But with that said, if he really wants a divorce there is little she can do to actually stop it, she can drag and drag and drag it out with attorneys and court filings, but in the end he will get his divorce.

    He can of course lie to the court and say he does not know where she is, I am sure it happens all the time, but then why does she not give him the divorce,
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #3

    Jan 19, 2008, 06:44 PM
    I think he is just trying to guilt her into letting him do what he wants to do and claiming the other woman is making him feel 'obligated to let his girlfriend make his decisions'
    He probably just wants the divorce and doesn't want to own up to it so he is making lame excuses such as his name on the birth certificate. In some states you can get a divorce without the other's consent but they have various rules like you have to have been separated for 5 years, or you have to have not seen him/her in two years, etc...
    He could possibly lie to get one?
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Jan 19, 2008, 07:36 PM
    memoryann writes: (about her roommate's husband, who she is separated from) "...he says that unless hes divorced he can't sign (his girl friend's) baby birth certificate...." That's a load of Texas bull.

    Further: "he tells her he can get the divorce without her because he can say that he doesnt know where she is but he knows where she lives and her phone number". Sounds like this dude hasn't been to court before, and the judge has been there many, many times and can almost smell perjury. He might get by with this tactic in Arkansas, where perjury is apparently a virtue, but I wouldn't try it in Texas.

    Your roommate should offer to be the best 'man' when he marries his girl friend.

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