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Can I get divorced in Texas if I am pregnant?

If you or your spouse is pregnant and have decided to get a divorce in the state of Texas, you may not be able to finalize the proceedings until the baby is born. Texas law stipulates that heterosexual spouses must remain married until after a baby’s birth.

Divorce decrees must have specific stipulations

If you are pregnant, you must adhere to the state’s requirements so your divorce can be final. If your husband is the baby’s genetic father, your final divorce decree must include custody and child support in your divorce decree. If your baby’s father is not your husband, you must establish paternity after the birth before you can divorce.

For those in a same-sex marriage, it’s wise to get legal counsel before you start divorce proceedings in Texas, as the law is murky in this area.

Establishing paternity

A child’s genetic father can establish paternity by legal presumption, aka, marriage, voluntary acknowledgment, or by court order. Even if the husband s not the genetic father, he can establish paternity via several methods. This can occur via:

The child’s genetic father and mother sign an Acknowledgment of Paternity

The husband signs a denial of paternity

A court order establishes paternity after a review of genetic testing

When a court paternity order is issued, it can include visitation, child support, custody, and health care support.

When can paternity documents be completed?

Texas family law indicates that an acceptance or identical of paternity can occur in the hospital after a child is born. Once you have established paternity, you can proceed with the impending divorce.

If you intend to go through a divorce, you must include this document as part of your divorce proceedings. Make sure you have all the needed documents before going through your divorce.