Can you get a divorce in Texas if you are pregnant?

Attorney answers (2)

1. Licensed in TX

   

   Byron Barclay

   Houston Divorce / Separation Lawyer

   Contributor Level 10

   3

   Lawyers agree

   Answered February 27, 2013 13:40. One of the questions that the Court will ask before granting a divorce is whether you are pregnant and/or expecting a child. I believe it will be difficult to obtain a divorce while you are pregnant, because under Texas law, the husband is presumed to be the father of his wife's child. Though that may not ultimately be true, since one can become pregnant with one man's child while married to another, nevertheless this presumption exists in Texas law and therefore the Court will have continuing jurisdiction over any child from your marriage. Given this problem, I believe that it will be difficult to divorce absent some mitigating circumstances.
   
   You can certainly FILE for a divorce, and move forward with the matter legally while you are pregnant, but the actual granting of the divorce will be impossible without the Court being honestly advised that you are pregnant. Once advised, the Court must consider this child and your husband's rights and duties to this child. An experienced family law/divorce attorney will be able to help you with this matter, and I would emphatically suggest you confer with an experienced attorney sooner than later. Congratulations on your pregnancy and best of luck to you and your baby.

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2. Licensed in TX

   

   Vicki Wiley

   Fort Worth Family Law Attorney

   Contributor Level 13

   1

   Lawyer agrees

   Answered March 02, 2013 23:03. While you can file for divorce while you are pregnant, your divorce cannot be finalized until after you give birth. Contact a local family lawyer to help you navigate the process. Good luck!

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