Yes, in Texas it is possible to get a divorce while pregnant. You can also file for divorce if your spouse is the one who is pregnant. While technically there is nothing in Texas law which specifically prohibits filing for or finalizing a divorce when during a woman’s pregnancy, some Texas judges decline to finalize divorces when a party is pregnant until after the child is born.
Pregnancy also introduces several additional complications in divorce cases. Our experienced Frisco divorce attorneys can help you understand how to prepare for your post-divorce future and protect your child.
Divorce while pregnant can take longer
Some divorces may take as little as 60 days to six months, while others can drag on for years. If the divorce is contested in any way, from one spouse not wanting to dissolve the marriage to a stalemate in property division, it can take extra time.
When the couple shares children, the judge must also consider what is in the child’s best interest when ruling on conservatorship, custody, and support. Some judges may wait until the child is born to decide.
Same-sex divorces when one spouse is pregnant do not have the same paternity complications as heterosexual divorces. However, both of you may wish to talk to a lawyer about your interests.
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Questions of paternity in Texas divorce
When a child is born to an unmarried mother in Texas, the biological father does not have immediate paternity rights. If the woman is married, her husband is automatically granted paternity rights.
If you’re married and know your wife’s child is yours, it may be easier to wait to finalize a divorce until after the child is born since you will automatically have paternity rights. Otherwise, you will have to establish that you are the father and assert your rights.
If you are pregnant and there is a question of the child’s paternity, you or your husband may need to take fast action to determine the correct biological paternity of the child and remove your husband from automatic paternity.
Your reasons for filing for divorce when one spouse is pregnant are private. At our firm, we respect and honor them. We work with you to help you achieve the divorce outcome you desire.
Ensuring child support for your infant
A Texas court may delay ruling on your divorce until the child is born. This can be an appropriate way to set an amount of child support and possibly limited spousal support.
For example, the mother may be on leave from work without the income to support herself alone postpartum. The judge may issue temporary orders to ensure she can care for the child and maintain a safe home.
Additionally, the child’s best interests may not be apparent until they’re born. The child may be born with a congenital disability that requires a higher level of care. A child with special needs may require a higher level of care and financial support from both parents which could result i the Court ordering a party to pay above guideline child support. Many judges prefer to delay finalizing a divorce to determine the health of the infant.
Advocacy for getting divorced while pregnant
If you or your partner is pregnant and you’re getting divorced, our Frisco divorce attorneys can help you with the complications that accompany divorce while pregnant in Texas. Dial (214) 423-5100 for a consultation with Albin Oldner Law.
