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Divorce In Texas While Pregnant

Pregnancy And Divorce Can The Two Mix In Texas

Pregnancy And Divorce Can The Two Mix In Texas

Divorce in texas while pregnant. The State of Texas already has a sixty day waiting period after the divorce is filed for until the divorce can be finalized. In other states like Texas however the courts will typically halt any divorce proceedings until after the baby is born. Courts in Texas typically wait to finalize the divorce until after the birth of the baby so that orders regarding the child can be included in the final divorce decree.

Some states for example Texas will not finalize a divorce until after the woman is no longer pregnant. The short answer is that divorce and pregnancy do not mix in Texas. 3707 Cypress Creek Parkway Suite 400.

Divorce when the Husband is not the Father. Getting a divorce while pregnant in Texas is forbidden because child custody and support issues. Also Texas law requires that a couple wait 60 days anyway after filing a divorce petition.

Regardless of pregnancy all divorces in Texas. A divorce in Texas while a spouse is pregnant is unlikely to be finalized until after the baby is born. There are no rules under Texas divorce law baring someone from filing for divorce while the wife is pregnant but judges will rarely grant the divorce until after the child is born.

Complications of divorce during pregnancy in Texas Child support issues. Ultimately pregnant couples are in for a bit of a wait before they can divorce. Though that may not ultimately be true since one can become pregnant with one mans child while married to another nevertheless this.

Waiting to Get Divorced. Under the Texas Family Code if your wife has a child during marriage or you are married to a man and you have a child during the marriage then the husband is presumed to be the biological father. Additionally Texas family law requires that a divorce case be on file for at least 60 days before the divorce decree issues.

0 found this answer helpful 3 lawyers agree. If one party is married it is best to wait until the baby is born to seek a divorce.

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Getting a divorce while pregnant in Texas is forbidden because child custody and support issues.

Some states for example Texas will not finalize a divorce until after the woman is no longer pregnant. Regardless of pregnancy all divorces in Texas. This article tells you about getting a divorce when the wife is pregnant. Additionally note that Texas Family Code Section 6702 states that a divorce case has to be on file for at least 60 days before its final. Even if the child is born after divorce if the child is born before the 301st day after the divorce then the husband is still the presumed father. There is a presumption of fatherhood on the part of the husband even if both parties profess otherwise. 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. When both the AOP and DOP are completed and filed with the Texas Vital Statistics. In some states including Louisiana pregnancy will not interfere with divorce proceedings.


Texas divorce courts are not particularly inclined to grant a quick divorce to a couple when the woman is expecting a child for a variety of reasons. Can you get divorced if either spouse is pregnant. Courts in Texas typically wait to finalize the divorce until after the birth of the baby so that orders regarding the child can be included in the final divorce decree. The amount of time a divorce can take in Texas will vary depending on the totality of the couples situation. Also Texas law requires that a couple wait 60 days anyway after filing a divorce petition. For example if you are 3 months pregnant then you will need to wait 6 months before you can get divorced. Getting a divorce while pregnant in Texas is forbidden because child custody and support issues.

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