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Can You Get a Divorce While Pregnant in Texas?

Divorce can be a complicated process, and pregnancy may complicate it even further. Can you get a divorce while pregnant in Texas? The answer is that you can start divorce proceedings during this time, but expect the process to take longer than usual. Your divorce in Texas will not be final until the baby is born.


If you’re considering divorce while pregnant in Texas, now is a good time to hire a divorce lawyer, and then read the following to get an idea of what to expect.

Getting a Divorce in Texas While Pregnant

If you and your spouse are considering divorce during pregnancy in Texas, be prepared to wait several months for your divorce to be finalized. This is because Texas courts won’t finalize a divorce until the baby’s birth, as it’s easier to address the topic of paternity after a baby is born than during pregnancy.

If a woman is four months pregnant, the Texas divorce process timeline will last at least five more months for the divorce to be final. Additionally, note that Texas Family Code, Section 6.702 states that a divorce case has to be on file for at least 60 days before it’s final. This means you will have to add 60 days to the number of days until the baby’s birth, and that’s the soonest you will be done with your divorce while pregnant in Texas.

If you’re wondering why getting a divorce in Texas while pregnant takes so long, it’s because the court needs to make sure the husband is the father of the baby before determining child custody and child support. After all, any divorce that involves a child will need to address the Texas child support amount and custody arrangements.

Furthermore, in this state, the Presumption of Paternity assumes that the woman’s husband is the biological father of the baby. So if there is any doubt about this, it’s a good idea to prove or disprove this presumption before child support and child custody arrangements are made. Fortunately, hiring the experienced Moffett Law Firm divorce lawyers in Houston, TX, will help you navigate this step of your divorce during pregnancy in Texas.

Divorce While Pregnant with Another Man’s Child in Texas

In some cases, the woman gets pregnant by another man during divorce. When this happens, paternity testing is especially important, and it won’t take place until the baby is born. This means couples in this situation still have to wait the same amount of time as they would if the baby was the husband’s.

pregnant by another man during divorce

Cases centering on divorce while pregnant with another man’s child in Texas tend to go smoothest when the husband agrees to take a paternity test. But another option is for the husband to file a Denial of Paternity form, and for the likely biological father of the baby to file an Acknowledgement of Paternity form.

In general, whether someone is pregnant by another man during divorce or pregnant with her husband’s baby, the divorce won’t be final until the baby is born and 60 additional days have passed. However, that’s the earliest possibility, which means if you and your spouse cannot agree on all issues related to the divorce, it could take longer.

This is why it’s best to get started on the divorce process as soon as possible if you want it to be final right after the birth of the baby, since it can take months to come to an agreement. This is particularly important if you’re married but pregnant by another man. Laws in this area can be hard to understand unless you have trusted Houston divorce lawyers on your side.

If you’re facing divorce during pregnancy in Texas, contact the Moffett Law Firm today for legal guidance from start to finish!

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