My son eloped with a girl who turned out to be pregnant by another man. He wants an annulment or divorce. They got married May of this year. He is active in the army and will be leaving for Iraq soon Any help would be greatly appreciated.
2006-08-31 07:25:58 · 20 answers · asked by Geenahh 3 in Family & Relationships ➔ Marriage & Divorce
he needs to contact a lawyer. they will know what to do. you will have to have legal papers drawn up and signed. if they consumated the marriage, then it will have to be divorce - not annulment. gl
2006-08-31 07:29:27 · answer #1 · answered by ? 5 · 0⤊ 0⤋
Annulment is not something for the Army, its a matter for the civil court in the jurisdiction where your son was married or where your son currently resides. The suit may be filed whether he is in Iraq or not, by his attorney. The matter can also be stayed by the court if his presence is in any way required until he can get leave or returns from Iraq. Much will depend on the DNA of the baby I would presume, so he would have to get a court order for testing and have the results of his test, his wife's test and the baby's test sent to the court--this would be a motion to determine paternity, but it would also create evidence that she was pregnant with another man's child. The help you need is to secure theservices of family law attorney who understands how to get things done when military families are involved. The Judge Acvocate General's office (JAG Corp) may be able to advise and assist, but this is not a matter for a military court or proceeding, its a matter for a civil court.
It would be an annulment if you are claiming there never was a marriage or it was defective in some way. I think here a divorce is more what your son would be seeking. Some states require grounds others not. The grounds here,if needed, might well be fraud if she represented that the child was his. If its a so-called, no-fauld divorce, then they probably have to separate for awhile before the divorce is granted, and, they may need a separation agreement as well.
You want to make sure to have the paternity of the child tested, because otherwise it might be presumed to be his and he might end up with support payments.
2006-08-31 14:33:25 · answer #2 · answered by William E 5 · 0⤊ 0⤋
Well here is the deal. He cannot divorce while he is in iraq. What he needs to do is get seperated f irst. He will have to pay for spousal support and give her money to take care of herself and take care of her medical costs. This is unfortunate by I am an army wife and have experienced this myself. They are not adequately able to fight overseas for what they want. If he wants to do it still she has the right to take everything he isnt there to fight for. Also depending on the state they file it in it may take a while. NY you must be seperated for a year, id get seperated, he can go and file for divorce when he gets back. Annulments are hard and expensive. Lots of paperwork and DNA tests will need to be performed if they havent already,etc.
2006-08-31 14:38:35 · answer #3 · answered by alana6382 2 · 0⤊ 0⤋
I think part of annulment is claiming you have never had sex, so unless she is willing to go along with it, you will probably need to help him get a divorce. There should be plenty of lawyers that are willing help a GI that is going to serve. Sad story, sorry to here that.
BTW, legalzoom.com has an annulment form that is pretty cheap. They also have easy divorce forms.
2006-08-31 14:29:46 · answer #4 · answered by Anonymous · 1⤊ 0⤋
your son has to get the annullment from the governing body that performed the ceremony. If he did not get married by a military chaplain, then the military cannot help him. however if he did then he just needs to visit his JAG office and find how what their procedures are. the governing body that i am referring to is the (county courthouse)
2006-08-31 14:31:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You will have to get a divorce. Start right away it takes about 6 months to finish.
2006-08-31 14:29:25 · answer #6 · answered by George 1 · 0⤊ 0⤋
Speak with the army lawyers. You should have your son talk to his commanding officer.
2006-08-31 14:50:04 · answer #7 · answered by Tricia P 4 · 0⤊ 0⤋
Call your local bar association for family law guidance in the state of where the marriage took place......
2006-08-31 14:29:03 · answer #8 · answered by ? 6 · 0⤊ 0⤋
Ask a priest or a reverend for the steps involved
2006-08-31 14:28:04 · answer #9 · answered by tony pepperoni 3 · 1⤊ 0⤋
he can get legal help Free from the army, I would tell him to see a lawyer right away
2006-08-31 14:29:34 · answer #10 · answered by Anonymous · 2⤊ 0⤋