It sounds like there are a couple issues here. First, the divorce. the child is "of the marriage" but not "of the parties." So you have to state that there is a child but it sounds like you are not attempting to acquire child support from your husband anyway. So you need to hire an attorney to file your divorce.
After your divorce, since it sounds like the biological father did not sign an acknowledgement of paternity, I would suggest getting a custody order thereby creating a legal...
Your bankruptcy attorney would prepare that for you. If you have not hired a bankruptcy attorney, you need to immediately. Homesteads are time sensitive. There is a deadline. If you do not file your by 5 days after your 341 meeting, you will lose that protection.
As the other responder stated, you must have some legal basis to file for an annulment, so we are looking at you getting a divorce.
Virginia will allow you to file here and consider you domiciled here, if you are stationed here. this will get you around the 6 month residence issue. You still have the one year separation issue.
In VA, you must be separate and apart for one year prior to be granted a divorce. There is an exception that allows for a divorce after only 6 months of...
What you are talking about is requesting an annulment based on fraud, but you really have a tough case to prove. While you believe that is why he left you that is not enough. So realistically you will probably be looking at getting a divorce
Oh, and there is actually a time window here. If you do not request an annulment within 2 years regardless of reason, then you cannot request one
You should not live with someone when you are not even divorced from your husband. This may affect the outcome of any custody fight. Even if this is post separation adultery, my experience is that Courts are not a big fan of members of the opposite sex staying overnight. so you really need to speak with an attorney as soon as possible to attempt to address these issues.
You still need an attorney to prepare the paperwork but you might not have to go to court. It does depend on your jurisdiction. While the Code allows for depositions or affidavits that can be taken outside of court, some jurisdictions still demand a hearing albeit brief to enter your final decree.
I agree with the other responders that this story does not sound right, but please keep in mind that you are receiving your information second hand. If your sister is truly concerned about how her case is being handled then she needs to make an appointment with an attorney to discuss her case to see if she wants to consider hiring new counsel.
Section 18.2-95 states, "Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty...
When you received the complaint, you were required to respond within 21 days and when you filed your counter claim they were required to respond within 21 days. Assuming your calculation of days is correct they may be late. If this were a law school exam question, then yes you may have an argument to make to be award a default judgment; HOWEVER, in reality, you will NOT be awarded a default judgment. You will not be about to any order or Final Decree entered without the other attorney...
Sounds like you need a will, I commonly put language about appointing a guardian for a child, but please keep in mind this transfers your authority to them. The father can always come back and petition for custody.