Can you file for a divorce while you’re pregnant in Texas?
Yes, you can file for divorce while pregnant in Texas. However, the divorce will not be granted before the birth of the child. Courts are unwilling to finalize a divorce until after the child is born. This is because the court needs to make provisions for the child, including appointing conservators and determining child support, which cannot be fully addressed until the child is born.
Even if my husband is the father of the child I am pregnant with, what is stopping the Court from finalizing my divorce?
In Texas, if a wife is pregnant, the husband is the presumed father. Therefore, if the husband is certain that the unborn child is his, the husband’s attorney and even the Court may delay the finalization of the divorce to avoid a paternity issue. Texas law presumes the man the mother was married to within 300 days of the birth of the child is the child’s father. Even if a husband’s paternity is protected by this presumption after the finalization of a divorce, the Court will still be hesitant to grant the divorce because there is no finite way to determine child support prior to the birth of the child. In order to protect the child’s best interest and avoid bringing the parties back into court to litigate over child support issues, the Court will be more inclined to wait to grant the divorce for the benefit of all parties involved.
When can a paternity issue arise?
Paternity issues can arise when there is belief that someone other than the husband is the father of the unborn child. If this circumstance arises in your divorce case, your husband will still be the presumed father of the unborn child. However, you can rebut this presumption of paternity to have the biological father be legally viewed as the father of the unborn child. In order to do this, the biological father will have to take additional action.
How can paternity be established?
Paternity for an unborn child during divorce proceedings can be established through several methods. The biological father may initiate a proceeding to determine parentage before the birth of the child, but that proceeding cannot be concluded until after the child is born. Actions that can be taken before the birth include service of process, discovery, and the collection of specimens for genetic testing. A court may also order genetic testing if a proceeding has not been initiated to adjudicate paternity. Another way to establish paternity is if the biological father and expectant mother voluntarily acknowledge paternity by signing an Acknowledgment of Paternity; this document must be coupled with a Denial of Paternity that is signed by the husband of the expectant mother in order for the presumption to be successfully rebutted. In summary, paternity can be established through a presumption based on the timing of the child’s birth relative to the divorce, voluntary acknowledgment, or genetic testing, with proceedings initiated before birth but concluded after the child is born.
Need help with your divorce case?
Find a trusted attorney that is experienced in family law matters and can help you navigate issues that arise in your divorce. The attorneys at Grinke Stewart Family Law are here to help you. Contact us at (469) 598-2001.
