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If girlfriend are at this time pregnant, you may be wondering whether you can obtain a divorce while pregnant in Texas.
The short answer is no.
Although you have the right to start the divorce process while pregnant, Texas law requires you come wait to finalize the divorce.
Can you Still paper for Divorce if Pregnant in Texas?
If you and also your spouse think about divorce in Texas if pregnant, be prepared to wait. When state legislation permits friend to record for divorce when pregnant in Texas, courts will not finalize a divorce till the birth of your child. Additionally, Texas family members law needs that a divorce instance be on paper for at least 60 days prior to the divorce decree issues. So even though you can not finalize her divorce until the baby is born, there’s no factor to wait to document your divorce. If friend don’t paper until after ~ the baby is born, you will certainly be stuck waiting at least one more 60 days.
A domestic violence exemption permits bypassing the wait periods forced for a divorce when pregnant in Texas. In this situations, court may worry a protective order forcing her spouse to relocate out and not contact you or any type of other children. If you space a victim of residential violence when pregnant, contact a family law attorney now to safeguard you and also your unborn child.
Factors that May delay a Texas Divorce while Pregnant
In enhancement to the waiting periods imposed by Texas law, whether one deserve to divorce when pregnant in Texas is quickly facility by the following additional factors: Texas courts need resolution of paternity and also child support worries after the birth of the child.
If you gain pregnant when you are married, the Texas presumption that paternity recognizes her spouse together the organic father of your child. Therefore, the courts will wait to problem the divorce decree until the determination of son support, son visitation, and also child custody problems after the child’s birth.
If your husband is not your child’s biological father, you still have to wait to get the finalization of your divorce in Texas. Return paternity concerns do no hinder even if it is you have the right to initially file for divorce if pregnant, these paternity concerns may hold-up final judgment.
If your husband denies being the biological father of her child, you might need to command a paternity test after your child’s birth. However, if her husband refuses to send to a paternity test, the court will not allow him to refuse paternity.
Another way to rebut the presumption the paternity occurs as soon as the presumed father records a denial of paternity and also another man records an acknowledgement that paternity. Texas family members Code provides that the filing of these two files discharges the presumed dad from paternity and all rights and also responsibilities the a parent.
As a child’s organic father must administer financial support, it’s best to uncover any kind of paternity issues before obtaining a final divorce decree. If her spouse is not your child’s organic father, they will likely attempt to prevent financial responsibility for that child.
Ready come Speak come a Divorce Attorney?
The answer to the question, deserve to I get a divorce while pregnant? is complicated. No legislation prohibits you from filing because that divorce in Texas while pregnant. However, a resolution to your divorce have to wait until the birth of your child. Regardless of these rules, pregnancy is not a permanent hold-up to her divorce.
If you have questions about a divorce when pregnant in Texas, contact The Larson law Office this particular day for a totally free consultation. The attorneys in ~ The Larson law Office carry out custom, quality representation to every clients. We answer all questions from our client personally and promptly. If you rental Erik or Diana together your divorce attorney, girlfriend only ever speak to Erik or Diana around your divorce.
The Larson regulation Office commits to very personalized representation, so no client ever feels left in the dark about their case. A divorce to represent a deeply personal and emotionally event. We assistance our clients through this transitional time and assist you turn toward a brighter future because that you and also your family.
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We dutifully stand for clients in Houston, Texas, and also surrounding metropolitan areas. Call The Larson regulation Office online, or contact us now at 713-221-9088 because that a free case review concerning a divorce when pregnant in Texas.