Divorce is challenging, and navigating its complexities becomes even more daunting when pregnancy is involved. Many families face this unique situation, raising questions about the legalities, complications, and steps involved.
If you’re in Texas and wondering if you can get divorced while pregnant, this article will provide clarity with detailed insights, real-life scenarios, and the legal framework from the Texas Family Code.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Divorce During Pregnancy in Texas
In Texas, there is no explicit prohibition in the Texas Family Code against filing for or obtaining a divorce while pregnant. However, pregnancy introduces unique challenges that can complicate the process, especially when determining issues like paternity, child custody, and child support.
Courts are generally reluctant to finalize a divorce until the child is born because the child’s needs and legal responsibilities must be addressed as part of the divorce proceedings.
Legal Considerations from the Texas Family Code
The Texas Family Code addresses several aspects relevant to divorces involving a pregnant spouse. Here are some key sections:
- Paternity Establishment
According to Section 160.201 of the Texas Family Code, the paternity of a child must be determined before issues like custody, visitation, or child support can be finalized. If the husband is presumed to be the father, the court may require additional evidence if there are disputes about paternity.
- Example: If a pregnant woman claims the child’s biological father is not her husband, the court may delay finalizing the divorce until the child is born and paternity is established through DNA testing.
- Child Support Obligations
Under Section 154.001, the court must ensure that adequate child support is provided. In cases involving pregnancy, courts often consider future support for the unborn child.
- Custody and Visitation Rights
Custody arrangements are governed by Chapter 153, which outlines the court’s focus on the best interests of the child. For a child not yet born, these decisions are postponed until after birth.
- Waiting Period
Texas imposes a mandatory 60-day waiting period after filing for divorce (Section 6.702). This requirement provides time for reconciliation or preparation. For pregnant spouses, this period often extends as courts await the child’s birth.
Scenarios Involving Divorce During Pregnancy
Scenario 1: Both Parents Agree on Paternity
If both spouses agree that the husband is the biological father, the court can proceed with a divorce but may delay final orders until after the baby is born to confirm custody, visitation, and child support arrangements.
Scenario 2: Disputes Over Paternity
Disputes often arise when a pregnant spouse claims that the husband is not the child’s biological father. In such cases, the court requires DNA testing after the child’s birth before resolving related legal matters.
Scenario 3: High-Conflict Divorce
In high-conflict divorces, pregnancy can add tension, particularly when disagreements over paternity or financial support surface. Engaging an experienced attorney is crucial in such situations.
Navigating Divorce During Pregnancy: Key Steps
Consult an Experienced Divorce Attorney
Engage a skilled professional such as a divorce attorney in Fort Worth or a Cleburne family law attorney. They can provide tailored advice for your situation, ensuring your rights are protected while addressing pregnancy-specific concerns.
Establish Paternity Early
Work with a paternity lawyer to resolve paternity disputes efficiently. Clear paternity simplifies custody and child support arrangements.
Plan for Financial and Custodial Arrangements
With the help of a spousal maintenance attorney or a divorce asset split expert, ensure that financial responsibilities, including spousal and child support, are addressed.
Consider Agreements
If applicable, explore prenuptial or postnuptial agreements to streamline the division of marital assets. A prenuptial agreement lawyer or a postnuptial agreement services provider can assist in clarifying expectations.
Prepare for Mediation or Court Proceedings
If the divorce is contested, you may need the support of a divorce separation lawyer or a top divorce attorney. These professionals can guide you through mediation or court hearings.
Turner Monahan PLLC – Here to Support You
Divorcing while pregnant in Texas can be a complex journey, but with the right guidance, it’s manageable. The laws are designed to prioritize the best interests of the child while ensuring that both parents’ rights are protected.
If you’re navigating this challenging time, consulting an experienced attorney is essential to understanding your options and building a strategy that works for you. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
