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

Amarillo, TX |

Been married since November 2012 and am 16 ks pregnant . I was curious if I can get the divorce done before I have the baby ?

Attorney Answers 2


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.

There is no legal relationship created or implied by the exchange of messages or information on this website. All statements by me are offered as general guidance, but should not be considered in any way to be legal advice for you to act on without consultation with a licensed lawyer in your state. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information and guidance offered on this site. Legal advice is ONLY offered by me in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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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!

This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.

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