While state law permits you to file for divorce while pregnant in Texas, courts will not finalize a divorce until the birth of your child. Additionally, Texas family law requires that a divorce case be on file for at least 60 days before the divorce decree issues.
A domestic violence exception permits bypassing the waiting periods required for a divorce while pregnant in Texas. In these situations, courts may issue a protective order forcing your spouse to move out and not contact you or any other children.
If you are a victim of domestic violence while pregnant, contact a family law attorney today to protect you and your unborn child. In addition to the waiting periods implemented by Texas law , whether one can divorce while pregnant in Texas is quickly complicated by the following additional factors: Texas courts require resolution of paternity and child support issues after the birth of the child.
If you get pregnant while you are married, the Texas presumption of paternity recognizes your spouse as the biological father of your child.
Although paternity issues do not hinder whether you can initially file for divorce while pregnant, these paternity issues may delay final judgment. However, if your husband refuses to submit to a paternity test, the court will not allow him to deny paternity.
Another way to rebut the presumption of paternity occurs when the presumed father files a denial of paternity and another man files an acknowledgement of paternity. Texas Family Code provides that the filing of these two documents discharges the presumed father from paternity and all rights and responsibilities of a parent.
Aimee Pingenot Key July 14, Even though it seems counterintuitive, there are often reasons why couples decide to divorce while the wife is pregnant.
When this happens, the pregnancy can influence aspects of the divorce that might otherwise be more predictable. If you find yourself in this situation, please contact the Dallas, Plano or Austin divorce lawyers at Goranson Bain Ausley to begin strategizing the best way to prepare for your future and the future of your child.
The first question most people have concerns whether they can actually get divorced when the wife is pregnant in Texas. The simple answer is yes. The more realistic answer is yes, but it might take a lot longer than you initially hoped or expected and will likely involve additional steps to finalize. 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.
In fact, it can take longer than the average pregnancy in some cases, especially if the marriage was laden with a lot of conflict and the spouses are prone to argue. The concern of the courts, however, is that the divorce allows for the needs of all members of the divorcing family to be met without unnecessary modifications.
In Texas, if a child is born to a woman who is not married, the biological father is not automatically granted paternity. Paternity i s, however, automatically granted to the husband if the parties are married. It may also inspire the wife to similarly seek a fast divorce while also establishing paternity for the rightful father in a separate action.
Work closely with your divorce lawyer so that you are able to help direct the outcome you desire as much as possible. Planning your divorce budget? Read the guide about how much does it cost to file for a divorce. Single parenting after the divorce is even more difficult. It is hard to estimate all expenses that a single mother or father will face. They will depend on several factors, such as:.
In addition to child support, think about requesting alimony because you will likely stay at home with the child and not have time for earning enough money. So, it would be wise to start resolving paternity issues in advance, possibly consulting a lawyer. The issue of paternity will consequently play a significant role in child custody arrangements and support obligation.
There are two ways to do it — by adjudication or filing a denial of paternity. To adjudicate non-paternity, a person needs to go through an entirely different court procedure that includes genetic testing. A denial of paternity is invalid if a person previously obtained legal rights by another court order. There is no definite answer to this question. Each couple has specific reasons for divorce and related difficulties. The best scenario is if both spouses agree to divorce peacefully and are ready to raise the children and actively participate in their lives.
In other cases, it is better to carefully consider all the consequences of the decision in advance and only then begin to act. We guarantee that your forms will be accepted or we will make necessary changes at no additional cost.
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