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    jeancy's Avatar
    jeancy Posts: 3, Reputation: 1
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    #1

    Oct 15, 2009, 11:01 AM
    About unborn child in divorce
    I 'm in savannah ,GA .My husband wants to divorce me now while I 'm 4 month pregnant.He is in the army and this is belongs to "Military divorce". I called military Divorce Assistance and they told me that there is no way he can divorce me until the baby was born. It is the law that made for protecting unborn child.

    He can only file divorce after our baby was born .Anyway, he is not going to get chance to use divorce before baby birth so he can avoid paying child support. Not even legal separation since there is no such thing as legal separation in GA.


    Hope this information can help some mother-to-be like me.

    Wish the best for the mothers and their babies.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Oct 15, 2009, 11:08 AM

    Even if you were divorced before the baby was born it wouldn't get him out of support assuming the baby is his.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Oct 20, 2009, 02:56 PM

    Divorce does not negate the fact he still has to pay child support for the child once it is born. You can file for divorce while pregnant, you just can't get divorced until baby is born. Even if it was in a civilian court you could still file for a divorce but it would not be final until baby is born. It does protect the unborn child that way.
    jeancy's Avatar
    jeancy Posts: 3, Reputation: 1
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    #4

    Oct 21, 2009, 04:32 AM

    We went to the JAG military leagal office yesterday.like I said , we can't get divorce until the child birth. We can be separated if we choose to ,but no such thing as leagal separation .He needs to pay child support and also has right as a father. The judge won't siding with anybody, it all about the best for the child.
    This marriage is a nightmare, even after divorce I still have to deale with him, if he doesn't want to pay child support, he said he will fight for the custody make me the one pay child support and take the baby away from me.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #5

    Oct 21, 2009, 04:40 AM
    Quote Originally Posted by jeancy View Post
    We went to the JAG military leagal office yesterday.like I said , we can't get divorce until the child birth. we can be seperated if we choose to ,but no such thing as leagal seperation .He needs to pay child support and also has right as a father. the judge won't siding with anybody, it all about the best for the child.
    This marriage is a nightmare, even after divorce I still have to deale with him, if he doesn't want to pay child support, he said he will fight for the custody make me the one pay child support and take the baby away from me.
    They all say that. They almost never do. At worst you split time with the child.

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