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You are here: Home / Divorce / Can You Get Divorced While Pregnant? Texas Law Explained
Can You Get Divorced While Pregnant? Texas Law Explained

Can You Get Divorced While Pregnant? Texas Law Explained

January 8, 2024
Written by Christopher Migliaccio | Last updated on April 14, 2024

Table of Contents

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  • Divorce Proceedings and Pregnancy in Texas
  • Establishing Paternity in the Context of Divorce
  • Legal Representation for Pregnant Woman Undergoing Divorce
  • Co-Parenting Plans and Custody Arrangements Post-Divorce
  • Financial Considerations During Pregnancy-Related Divorce Cases
  • FAQs in Relation to Can You Get Divorced While Pregnant
  • Navigating Divorce With a Bump in Texas
  • Schedule A Consultation With Our Firm
A Pregnant Woman meditating outside with mountains in the background.

Imagine you’re on a roller coaster, the kind that twists and turns even when your life is doing backflips.

Now, throw in a baby bump into this wild ride, and you’ve got yourself in one of those moments where everything feels upside down.

That’s right — we’re tackling the heart-pounding question: can you get divorced while pregnant?

It’s not just about untangling two lives; it’s about navigating uncharted waters with an unborn child along for the journey.

Divorce Proceedings and Pregnancy in Texas

If you’re wondering whether you can get divorced while pregnant here in Texas, the short answer is yes — but it’s complicated.

Okay, so picture this: divorce proceedings are like a tangled mess of earbuds in your pocket. Add pregnancy to the mix, and it’s like a whole new level of complexity.

In Texas, judges don’t just focus on divvying up assets; they’re also thinking about cribs and diapers. Custody issues might take a backseat until after the baby arrives — talk about planning ahead.

State Laws Impacting Divorce During Pregnancy

A Pregnant Woman meditating outside with mountains in the background.

Now, enter the Texas Family Code, chapter 160.

By default, your current spouse is assumed to be the legal parent. But, and it’s a big but, this can be challenged, especially when paternity is in question.

Cue the entrance of a seasoned family law attorney to guide you through these legal dance moves.

Establishing Paternity in the Context of Divorce

Establishing paternity during a pregnancy-related divorce is like getting your ducks in a row. Voluntary Acknowledgement of Paternity (VAP) is there for the willing biological father to step up.

If he’s not around, the Denial of Paternity form lets someone else, often the pregnant person’s spouse, step in.   It’s like saying, “Hold my beer; I got this.”

Court-Ordered Paternity Determination

But, if disputes linger, the court might call for DNA tests. Quick and to the point, just like figuring out who’s the biological father.

Why?

Because paternity affects child support and custody down the road.

A man gently cradling a baby on a mat on the floor.

Legal Representation for Pregnant Woman Undergoing Divorce

Navigating divorce while pregnant is like trying to find your way through a maze blindfolded. That’s why you need a seasoned family law attorney — your legal GPS.

The Lone Star State has its own playbook, and  the court may hold off on final divorce order until after the baby arrives.

Paternity issues? Yeah, they’re part of the package.

By the way, your soon-to-be ex is automatically the legal parent unless steps are taken otherwise. A good attorney is like your legal life vest, guiding you through this choppy legal sea.

Co-Parenting Plans and Custody Arrangements Post-Divorce

Divorce in Texas with kids is like dancing ballet on a seesaw — tricky but doable.

Enter the co-parenting plan, your choreography for keeping everyone from falling off. It’s all about tailoring custody arrangements to your family’s rhythm. Weekdays with one, weekends with the other — you get the drift.

The ABCs of Crafting a Co-Parenting Plan

Infographic showing Key Points of Texas Divorce and Pregnancy

 

Just remember, becoming a legal parent means signing up for lifelong responsibilities.

Divorce doesn’t change that fact. So, get those plans right. Seek the guidance of a family law lawyer who knows the Texas ropes and can help you avoid the common pitfalls.

Call (888) 584-9614 or click here to submit a consultation request form now.

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Financial Considerations During Pregnancy-Related Divorce Cases

Pregnancy is a financial rollercoaster, and adding divorce to the mix? It’s like throwing loop-de-loops into the ride. If you’re splitting up in Texas and expecting, child support comes into play, even with an unborn child.

Child support orders don’t wait around for the baby shower; they kick in even before your bundle of joy arrives. Discuss dollars early on, so everyone’s on the same page.

Flying solo through this? Don’t.

Seek out an experienced family law attorney to navigate this complicated process from start to finish.

FAQs in Relation to Can You Get Divorced While Pregnant

What states can you get divorced while pregnant?

You can file for divorce in any state while pregnant, but some may delay finalization until after birth.

Is divorce common during pregnancy?

While pregnancy stress can strain marriages, divorces during pregnancy aren’t broadly common.

How do I get through a divorce while pregnant?

Focusing on self-care and seeking support from loved ones and professionals will help navigate the rough waters of divorce when expecting.

Can you get divorced in TX while pregnant?

In Texas, filing for divorce petition is allowed during pregnancy; courts may wait to finalize until the baby arrives to address custody and support.

Navigating Divorce With a Bump in Texas

A pregnant woman is sitting on a couch while a man is looking at papers related to divorce proceedings.

Yes, you can get divorced while pregnant in Texas, and the state tackles these challenges head-on.

Texas courts won’t pause your divorce journey, even with a baby on the way. Consider paternity — it’s crucial. Whether through a form or court order, determining the dad is a game-changer.

Partner with a seasoned family law attorney; they’re your legal safety net when the waves get rough. Custody talks and child support aren’t on pause either; dive in early to set a solid foundation for your little one’s future. Plan it out as if you’re sketching the map for their first steps.

These moves aren’t just wise; they’re necessary to protect your rights and those of your unborn child in this new chapter.

Schedule A Consultation With Our Firm

Dealing with the twists and turns of divorce while expecting in Texas? No worries — our seasoned family law team has your back.

We get that these situations can throw some curveballs, but we’re here to offer the best legal advice to the divorcing couple. Let’s navigate this journey together.

Schedule a consultation with our firm to:

  • Discuss your specific paternity case and divorce concerns.
  • Get personalized insights into Texas family law.
  • Understand your rights and responsibilities, especially in pregnancy-related divorces.
  • Explore the best strategies for establishing paternity and navigating custody issues.

Facing this journey alone? No need! Our legal team is like your trusty sidekick, here to help you make savvy decisions and smooth out the bumps along the way.

Give our law office a ring at (888) 584-9614 or drop us a message online to schedule your consultation, and let’s kick off this journey toward a well-informed, empowered, and legally supported divorce process.  Ready when you are!

Call (888) 584-9614 or click here to submit a consultation request form now.

Get Help Now

Click Here To Call Now

Categories: Divorce Tagged: Divorce, Paternity Law, pregnancy

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If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form below or call (888) 584-9614 to schedule a free consultation.

Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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