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Specialty tag(s): Child Support, Paternity, Pre-Divorce Guidance, Divorce

Pregnant and Done: Getting a Divorce While Pregnant in Texas

Aimee Pingenot Key | August 23, 2024

Even though it seems counter-intuitive, 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 our experienced attorneys and let us develop a strategy to help you prepare for your future and the future of your child.

Can You Get a Divorce While Pregnant in Texas?

The simple answer is yes; you can file for a divorce while pregnant in Texas. But the more realistic answer is that while a pregnant woman can get a divorce, it might take a lot longer than you initially hoped or expected and will likely involve additional steps to finalize. Texas divorce courts may not be particularly inclined to grant a quick divorce to a couple when the woman is expecting a child for a variety of reasons.

The Time-Consuming Process of Divorcing While Pregnant

The amount of time a divorce can take in Texas will vary depending on the couple’s unique situation. Even if you and your spouse agree about everything, including who takes what property, where any children you’ve already had will live, how you’ll share visitation, or what amount of child support one parent will pay, the divorce process takes no less than 60 days to be finalized.

Naturally, a contested divorce, in which one spouse doesn’t want to get divorced or the spouses can’t agree to the terms of the divorce, takes a little longer. In fact, it can take longer than the average pregnancy in some cases, especially if it is a high conflict divorce.

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.

Paternity Issues to Consider

In Texas, if a child is born to a woman who is not married, the biological father is not automatically granted paternity. However, paternity is automatically granted to the husband if the parties are married. This means if you’re a husband filing for divorce and you believe your wife’s child is also yours, you may want to wait for the child to be born into wedlock so that you are automatically assumed to be the father.

If the child is not the husband’s, this may inspire him to seek an aggressive course of action in the divorce. It may also inspire the wife to similarly seek a fast divorce while also establishing paternity for the rightful father in a separate action.

Working closely with your divorce lawyer so that you are able to help direct the outcome you desire as much as possible is particularly important in matters of paternity.

Ensuring Appropriate Child Support

If there is no question that the child in question is the husband’s, the other reason the court may delay divorce until after the child’s birth is child support. Determining child support is based on income, and it can only be established once a child is actually born to ensure that there are no immediate modifications needing court involvement. Therefore, it makes sense to wait until the child is born and then follow the guidelines based on income at the time. Spouses can sometimes figure this out reliably close to a due date, but the court often prefers to wait.

For help with your divorce involving a pregnant spouse, please contact our offices for a consultation.