i was with this guy i for alomost a year and we were never married but we had a kid togeather and i was forced to sign the birth certificate useing his last name instead of my own . he was very abusive towards me and i signed his last name becasue i was told if i didnt i would get it when we got home . i had just given birth and i really didnt feel like being hit
2007-11-30 06:43:10 · 11 answers · asked by munki_23 1 in Family & Relationships ➔ Marriage & Divorce
you can't get a divorce if you were never legally married. Just because you signed his last name on the birth certificate means nothing other than the fact that he is the father of your child and they share the same last name.
2007-11-30 06:48:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you aren't legally married you can't get a divorce.
There is the child custody question though. Your ex-is obligated to pay child support and allowed visitation. If you want to collect child support from him; you might have to get a paternity test to prove that the child is his.
On the other hand; you might want to keep him from interacting with your child or paying child support. In that event, I am not sure what his legal rights are. You should talk with a lawyer. The local battered women's help line or shelter should have access to legal help for you.
It sounds like you made a smart move to get away from that jerk. Good luck building your new future.
2007-11-30 07:31:38 · answer #2 · answered by krinkn 5 · 0⤊ 0⤋
No, you do not have to get a divorce. But it would be wise to talk to an attorney about all of this! Married or not, he is legally bound to support your child. I highly recommend discussing this with a lawyer right away and protecting yourself AND your child. At the very, very least call the cops if he hurts or threatens you. Good luck!
2007-11-30 06:55:16 · answer #3 · answered by Mr. Taco 7 · 0⤊ 0⤋
This is a little bit of a fuzzy area. Different states have different laws applying. Strongly suggest you consult an attorney. If you can't afford to retain one, look up the American Civil Liberties Union in the yellow pages. They might be able to assist you for free.
I hope you are able to sort this out, both for your sake and the life of your baby.....Finn.
2007-11-30 06:48:21 · answer #4 · answered by Finn 3 · 0⤊ 0⤋
You don't, he's an idiot, it was his way of asserting his so called manliness, there was no marriage and that person does not exist, sorta like practicing the name before your married, haul butt and go to legal aid or an attorney to file a protection order, Good Luck!
2007-11-30 13:00:16 · answer #5 · answered by Dolly J 3 · 0⤊ 0⤋
I am sorry that you had to be in this situation at such a happy time in your life. What a jerk!! No you do not need to divorce him, since you never married him. But I would get as far from him as you possibly can. Good luck :)
2007-11-30 06:49:10 · answer #6 · answered by momof3 2 · 0⤊ 0⤋
There is no divorce that needs to happen, although you need to get you and your son out of their immediately.
In terms of the last name, that you would have to petition the court to have changed. Unfortunately it would be hard to prove why you did it in the first place.
GET OUT OF THIS SITUATION NOW. 5 Minutes ago, 5 months ago, get the heck out of there.
2007-11-30 06:46:59 · answer #7 · answered by JA in SC 3 · 0⤊ 0⤋
You do not divorce him just because you gave your child his last name. You would have to fight a custody battle for the full rights to your child if you are thinking of leaving him and taking the child away from him.
2007-11-30 06:47:17 · answer #8 · answered by jslorri 3 · 0⤊ 0⤋
If you are not legally married, there is no need for a divorce. Take your baby and get out of there, NOW!!!
2007-11-30 06:47:16 · answer #9 · answered by rockjock_2000 5 · 0⤊ 0⤋
you will need to ask the advice of a lawyer, if you used his last name that makes you common law in some states.
2007-11-30 06:49:10 · answer #10 · answered by dune245 1 · 0⤊ 0⤋