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Can I Get a Divorce in Texas If I Am Pregnant?

Posted on in Divorce

Austin Family Law AttorneyThe recent decision by the U.S. Supreme Court regarding Roe v. Wade has triggered a firestorm of both information and misinformation, from both sides of the political spectrum. One piece of information that recently went viral on Twitter was a post about it being illegal in five states to get a divorce if you are pregnant. One of the five states listed was Texas. This tweet has led many Texans to wonder if this is true or not.

Divorce When Pregnant

Although there is nothing in Texas law that specifically forbids a divorce while the wife is pregnant, the truth is that it is very rare for a divorce to be granted before the child is born. There are certain decisions that need to be made when a divorcing couple has a child, including child custody, visitation, and child support. If a divorce is granted prior to the birth of the child, those issues would not normally be part of the litigation and divorce agreement and would necessitate the couple having to go back to court after the child is born. Or, if they were included in the original divorce agreement and there ended up being special circumstances, those issues may have to be relitigated. Relitigating is something courts want to avoid, so any decisions about the divorce are held off until the baby has arrived. 

Some of these issues include:

  • Paternity of the child

  • Premature birth/health issues requiring additional financial assistance

  • Domestic violence issues in the marriage that could affect custody/visitation

Filing for Divorce

Although the court will not finalize a Texas divorce until after the birth of the child, there is no reason why a couple cannot file for divorce while the wife is still pregnant. Once a divorce petition is filed, this initiates the start of the divorce process, including the exchange of financial information, evidence gathering, depositions, and more. It also means that your attorney can draft a separation agreement, including the request for any temporary alimony or other financial support.

Contact a Travis County Divorce Lawyer for Legal Help

At Powers and Kerr, PLLC, we know the divorce process itself is rarely a quick one, especially if the couple has complex assets and property division issues that will need to be decided. So even though the judge will not finalize the divorce during a pregnancy, your attorney can use this extra time to make sure that your marital rights are protected during divorce negotiations. Once your baby is born, we will also make sure that your parental rights are protected in whatever child custody and child support orders that are ultimately issued by the court. Call our office today at 512-610-6199 to schedule a confidential consultation with a skilled Austin, TX complex divorce attorney.




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