Please help....stuck in endless cycle!


#1

Hi…heres the problem…i have been separated from a big mistake for 7it years. He refuses to sign divorce papers.we live across the state from each other. I have since met someone else and am engaged. We had a child and the hospital refused to let him sign the birth cert. Now we have no idea how to get his name on the biryh certificate. Our daughter is now almost 4as and we are having our second child next month. Im worried they still wont let him sign the birth cert.
How can i get this divorce to go thru already?
Can i change back to my maiden name before the divorce?
How can we get dads name on the birth cert?
How can the hospital refuse to let the father sign??
We do not have the money for expensive dna tests and all that when we know hes the dad.
If i can go back to my maiden name before next month when the baby is born, would that help in him being able to sign since it would appear i was never married??
Please help! Thanks!


#2

You need to file for divorce. If you are unable to come to an agreement about equitable distribution and alimony, you will also need to include these issues in your complaint to preserve the claims, otherwise you lose your right to them.

The law in North Carolina presumes that if a woman is married, her spouse is the father of any children. If your husband is not the father, there are forms that he can sign to deny paternity, but as long as you are married, your boyfriend cannot sign the birth certificate. You can change you name prior to divorce, but the process is much more costly and time consuming. If you change your name in conjunction with the divorce (ask for it in your complaint and include it in your divorce judgment), the name change process only includes completion of a short form and a small fee.