Former NFL player Ed Hartwell has filed for divorce from actress Keshia Knight Pulliam according to court papers filed in Georgia on July 25. Hartwell cited irreconcilable differences. The two have only been married for seven months.
HARTWELL FILES DIVORCE PAPERS
The Cosby Show alum Pulliam, 37, and Hartwell secretly tied the knot during a New Year’s Eve ceremony in January at their Georgia home. “We did it literally in our living room in our home,” announced Pulliam on her podcast, Kandidly Keshia, at the end of January. “We come from large families. I’m one of four, Ed is one of six. We invited people. They had no clue they were coming to a wedding. They thought they were coming to a New Year’s party.” Considering that Hartwell and Pulliam have been married for such a short time, they might be eligible for annulment.
ANNULMENT
An annulment dissolves a marriage just as a divorce does. But an annulment essentially states that there never was a valid marriage. Just as there are grounds for divorce, there are also specific grounds for annulments to be granted. Each state has their own grounds for annulment, so you will want to work with a family law attorney in the state you are seeking your annulment or divorce. The following are typical statutory grounds for granting an annulment:
- fraud
- duress or force
- bigamy
- underage during the time of the marriage
- intoxication
- mental incapacity
- insanity
- impotence
- concealed divorce
- too close a kinship (consanguinity)
Additionally, there are procedures that must be followed if you are seeking an annulment. In some situations a parent or guardian may be allowed to seek an annulment for a third person. Each state has different residency requirements. You will also need to be wary of the timing of your annulment as some grounds for an annulment can be lost if too much time elapses from the date of the marriage. Children born during the course of the marriage are typically treated like children in a divorce.
LEGAL SEPARATION
Legal separation is a legal process by which a married couple may formalize a separation while still remaining legally married. This is often the best option for couples that need to meet religious objections or need health insurance to cover a seriously ill spouse. A court is able to award “separate maintenance” as part of a legal separation. This is the equivalent of alimony and child support. In some states, there must be grounds for separation, such as cruel and inhuman treatment, abandonment, neglect or refusal to support, adultery by the defendant, and confinement of the defendant in prison. Reconciliation is always possible and a court order may end the separation.
GROUNDS FOR DIVORCE
, and any remaining waiting period before the divorce is final. In California this waiting time is 6 months and a day. That is how long it takes for your legal status to be changed from “married” to “single.” In a no-fault state, neither party is “blamed” for the end of the marriage, and typically couples choose “irreconcilable differences,” meaning that they are unable to make the marriage work, and will never be able to make the marriage work. All states have some form of no-fault divorce, using words such as “incompatibility”, “insupportability,” or “irreconcilable differences as reasons. Roughly one third of the states have repealed their older fault-based grounds for divorce. Several states also allow marrying couples to create a “Covenant Marriage.”
WHAT IS COVENANT MARRIAGE?
Covenant marriages require the following:
- Before obtaining a covenant marriage license the couple must receive premartial counseling from eithis a priest, minister,rabbi, clergyman of any religious sect, or a professional marriage counselor.
- The couple must legally agree to seek marital counseling if problems develop during the marriage.
- The couple can only seek a divorce or legal separation for limited reasons, such as: adultery, the committing a felony with a sentence of imprisonment at hard labor or death, abandonment, physical or sexual abuse, habitual intemperance (for example,alcohol or drug abuse), cruel treatment, or severe ill treatment by the other spouse.
RECONCILIATION
Often times a state will require longer amounts of time to pass between separation and divorce. The rationale for longer time periods is to encourage reconciliation between the couple. In some states, especially when it comes to cases involving child custody, a couple will need to attend mandatory mediation. The mediation process is confidential, can be less adversarial, and is often less expensive than standard courtroom proceedings. You cn choose this form of divorce proceedings even if it is not required by law. Collaborative divorce is also a possibility for parties to obtain a dissolution of marriage.
HARTWELL MIGHT BE DISPUTING PATERNITY
Just a week before filing for divorce, Pulliam announced that the couple was pregnant via her Instagram. She captioned the photo of the baby bump with “Surprise!!! We have a new addition coming soon… Tune into #KandidlyKeshia this week for the details!!” But it seems that Hartwell might doubt he is the father. As he told TheYBF.com via a rep, “Right now, the only thing I want is a paternity test for the baby.”
PATERNITY
Either parent is able to dispute paternity. Generally, if paternity has not yet been established, a parent is able to ask for a paternity test in order to establish if the father is actually the child’s biological father. Under California law, the word “paternity” is used interchangeably with “parentage” and “parental relationship.” Laws regarding paternity are complicated. For example, if a court order has already determined someone is the fathis of the child, and he or the mother of the child wants genetic (DNA) testing, it might be too late to do so, due to the court order. A court order might also determine someone to be the legal fathis despite the genetic test proving he is not the biological fathis.
PATERNITY ASSUMPTION
Establishing paternity means eithis the courts or parents of the child have determined who the fathis is. The law assumes paternity under these instances:
- the husband of the mother is presumed to be the child’s fathis when the child is born during a marriage.
- if a man has been living with the child and the mother in a “family-like” manner, the man has demonstrated he is committed to the child, and even if he is not the biological fathis, he is still presumed to be the child’s fathis.
If these two things are not the case, then paternity needs to be established.
PATERNITY TESTING
Establishing paternity is helpful when it comes to providing financial support and health insurance for the child. it’s also important to establish paternity if there are ever legal issues surrounding child support and child visitation. If you need to establish paternity, you should work with a family law attorney to see if you legally can, and how to go about getting the genetic (DNA) test done.
For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today.
(619) DIVORCE
225 Broadway
San Diego, CA 92101
Phone: (619) 431-3131
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