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Call 281-975-5962

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Can you get a divorce in Texas while pregnant?

On Behalf of | Jun 3, 2024 | Family Law

Divorce is often complicated, and pregnancy can make the process even more challenging. In Texas, specific laws and considerations affect whether you can get a divorce while pregnant.

Understanding these factors can help you navigate this difficult time.

Legal considerations

In Texas, judges are generally reluctant to finalize a divorce if the wife is pregnant. The court usually prefers to wait until the child is born before finalizing the divorce. This allows the court to address welfare-related issues, such as custody, visitation and support. The court’s primary concern is protecting the child’s best interests.

Paternity and child support

A key reason courts hesitate to finalize divorces during pregnancy is to establish paternity. Once the baby is born, tests can prove paternity, ensuring that the father is responsible for child support and has parental rights. This legal clarity helps in making fair decisions about custody and support. If the father is not the husband, this needs legal clarification. This can further delay the divorce process.

Custody and visitation arrangements

Finalizing a divorce after the baby is born allows the court to make informed decisions regarding custody and visitation. The court will evaluate each parent’s ability to provide a stable environment for the child. Waiting until after the birth ensures that these decisions consider the child’s actual needs rather than assumptions or predictions.

Emotional and practical concerns

Divorce during pregnancy can be emotionally taxing. The expectant mother may face additional stress, affecting her and the baby’s health. Waiting until after the birth may provide a more stable environment for both the mother and the child.

Navigating a divorce during pregnancy requires careful consideration of legal, emotional, and practical factors. You can better prepare for the challenges by understanding the complexities involved.