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I am trying to file for a divorce. I have begun the process,

Customer Question
Hi, my name is*****...

Hi, my name is***** am trying to file for a divorce. I have begun the process, but I'm having trouble understanding the issues that may arise due to my wife being pregnant. Can you give me an idea as to what I may be facing?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Arkansas

Lawyer's Assistant: Have you talked to a lawyer yet?

Only through "Mydivorcepapers.com" via Internet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
12/29/2017
Family Lawyer: TJ, Esq., Attorney replied 7 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,810
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. Do you have any specific questions about this situation? I just want to make sure that I understand what legal information you are seeking. I'm not positive what you mean when you ask what you may be facing. Also, bear in mind that I don't know anything about your situation other than what you tell me here, so without any details it is difficult to give more than very general information.

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Customer reply replied 7 months ago
I'm trying to get a divorce. My wife is pregnant. She is not contesting the divorce. I was told some issues may arise and I just wanted to know what they may be.
Family Lawyer: TJ, Esq., Attorney replied 7 months ago

Hi again.

It's certainly true that lots of issues may arise, depending on the facts. But since I don't know any of the facts, I would be making random guesses.

You mentioned that she's pregnant. Shall I assume that it's your baby? If so, then one issue is child support. You will almost certainly be ordered to pay for child support.

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Customer reply replied 7 months ago
I understand I'll have to pay child support & i am willing to do so IF the baby is mine.
Family Lawyer: TJ, Esq., Attorney replied 7 months ago

Hi again.

Do you have any specific questions about the situation?

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Customer reply replied 7 months ago
How long will it take to finalize the divorce & what is the process? Surely, I'll have to have a DNA test right?
Family Lawyer: TJ, Esq., Attorney replied 7 months ago

Hi again.

Since you're married, the presumption under the law is that the baby is yours. Accordingly, the court will not order a DNA test on its own. Instead, you'll have to specifically request it in order to challenge whether the baby is yours.

As for the time it takes to get the divorce, it could be as quick as 3 or 4 months, or a year or more depending on whether there are any issues that require litigation. In other words, when both parties agree on all of the issues, such as the distribution of assets and liabilities, then it can go quickly. But if the parties cannot agree on issues, then litigation in the court is required, and this takes time because there will have to be evidentiary hearings on the issues. Discovery of evidence goes along with this (i.e., interrogatories, document production, depositions, etc.). Scheduling the hearings could take months because of backlog in the court. If you want the divorce to go quickly and smoothly (and be as inexpensive as possible), then it really makes sense to compromise if possible.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Family Lawyer: TJ, Esq., Attorney replied 7 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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Customer reply replied 7 months ago
I'm thinking about some things and I will keep you posted. Thank you for your help.
Family Lawyer: TJ, Esq., Attorney replied 7 months ago

Okay, problem. In the meantime, I'd appreciate it if you would rate me, as that is how I get credit for responding to you. Thanks, ***** ***** new year.

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Customer reply replied 7 months ago
I am very pleased with your rapid response. Thank you for your help. Your assistance is greatly appreciated.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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