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The waiting game: Divorce and pregnancy in Texas

On Behalf of | Jun 16, 2023 | Divorce, Family law

Contemplating a divorce while pregnant may challenge even the most relentless individuals. There is overwhelming pressure with facing two life-altering realities hitting you all at once – the looming breakdown of your marriage and the heartwarming anticipation of an infant’s life.

These two equally significant events call for unique considerations. 

Baby comes first

Texas law permits you to file for divorce during pregnancy. But you must wait until the baby is born before finalizing the process. The state’s family law court requires that your divorce case stays on file for at least 60 days before the issuance of the divorce decree. So, filing now and finalizing later may save you from additional waiting time.

The court’s reasons for making you wait are in relation to the following issues:

  • Determining paternity: For married couples, there is a presumption of paternity recognizing the man as the child’s biological father. But if the presumed biological father refuses to acknowledge that the child belongs to him, the court must wait for the child’s birth to conduct genetic testing. This procedure also establishes if the presumed biological father has child support responsibilities.
  • Determining child support: A living baby must exist for the court to order child support payments. There is also a possibility that the baby may be born with physical disabilities and other medical needs, which means necessary changes to child support arrangements.

The stakes are even higher for your family now that a baby is coming. Ultimately, the court decides on significant matters, like custody and visitation, based on the child’s best interests.

A transformative journey

Before your bundle of joy arrives, you must survive a whirlwind of physical and emotional obstacles that come with getting a divorce while pregnant. You don’t have to wait any longer to start the process if you’re determined to file for your marriage’s dissolution. A legal advocate can help ease your uncertainties in what may be your most transformative journey yet.