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Can You Get a Divorce While Pregnant in Texas?

Last Updated on May 31, 2022 by Benson Varghese

Pregnancy and divorce are not words that are frequently used in the same sentence. But it does happen and, when it does, there are generally a lot of questions that come with this juxtaposition.

Can you even get a divorce while pregnant in Texas? What is the process like? How will this affect my child?

In this blog post, we will answer some of the most common questions about divorcing while pregnant in Texas. If you are considering this option, it is important to consult with an experienced lawyer who can guide you through this highly-emotional time in your life.

Can you get a divorce while pregnant in Texas?

The short answer is no. Although you can file for divorce while pregnant in Texas, the divorce will not be finalized until after the baby is born. This is because the court will not have jurisdiction over a child until it is born and, therefore, cannot make final decisions on issues such as child support, child custody, or even paternity.

Texas courts will not generally grant a divorce until all aspects are addressed. If a judge quickly granted a divorce, it would have to be reopened after the baby is born.

So if you are considering getting a divorce while pregnant in Texas, it is important to understand that you may be waiting a little longer than you anticipated.

Do I have to wait to file for divorce until after the baby is born?

No, you can go ahead and file for divorce, with the understanding that it just won’t be finalized until after the baby is born. There are actually many advantages to filing for divorce now, as you can begin negotiations and may be able to resolve issues through mediation.

Mediation is a process that allows divorcing couples to come to an agreement on all aspects of their divorce, without going to trial. This can be a very effective way to resolve complex issues, such as child support, custody, vistiation, and property division.

It is also important to note that, if you do file for divorce now, the court can still make temporary orders regarding things like child support and visitation. These orders will remain in place until the divorce is finalized and will control the logistics of the relationship between you and your spouse until then.

If you are considering getting a divorce while pregnant in Texas, it is important to consult with an experienced family law attorney who can guide you through this process. There are many advantages to getting the ball rolling now.

What is the divorce process like if you’re pregnant?

The process of getting a divorce while pregnant in Texas is no different than any other divorce – except you may have to wait longer. You will need to file a petition for divorce and have your spouse served with divorce papers. Once this is done, you must undergo a mandatory waiting period, which is 60 days in Texas.

If your pregnancy extends beyond the 60 days, you will have to wait until the child is born before the divorce can be finalized. Again, during this time, you and your spouse can try to work out an agreement on all aspects of the divorce, including child custody.

How will this affect my child?

Undoubtedly, divorce will affect your child in various ways throughout their life. However, it is important to remember that you and your spouse are still their parents and, as such, you need to work together to provide a stable, healthy environment for your child.

Would you rather your child be born into an unhappy relationship or have parents who are no longer together but are happier apart?

What are some of the challenges I may face while divorcing while pregnant?

One of the biggest challenges you may face while divorcing while pregnant is dealing with the stress and anxiety that comes with this decision. This is a big life change and, no matter how amicable your divorce may be, it can still be very emotionally-draining.

It is important to take care of yourself during this time and to make sure you have a strong support system in place. This may include family, friends, or even a therapist.

Contemplating divorce while pregnant? Contact us.

If you are currently pregnant or your spouse is pregnant and you are contemplating divorce, it’s important to contact an experienced family law attorney. Call the team at Varghese Summersett Family Law Group to set up a consultation to discuss your unique situation and answer any questions that you may have about getting a divorce while pregnant in Texas. Call us today at 817-900-3220. We represent clients in Fort Worth and the surrounding areas.

Turner Thornton
Turner Thornton
Turner Thornton is a well-known family law attorney in Fort Worth who leads the Varghese Summersett Family Law Group. Turner has successfully guided hundreds of individuals and families through the most trying period of their lives as a skilled negotiator and savvy litigator. Turner Thornton concentrates his practice on family law, including divorce, child custody, contempt, and modification cases. He is experienced in handling estates with significant and unique assets that can be difficult to value. He finds amicable resolutions where possible to conserve his client's resources, but knows how to take the gloves off if the situation calls for it. He has had remarkable results in and outside of the courtroom based largely on his ability and desire to understand his clients' needs and guide them on the pathway to what success looks like for them.

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