Divorce in Texas While Pregnant
Welcoming a new baby into the world is one of life’s greatest gifts. However, if you are also going through a divorce, it is likely to upend the happy experience. Pregnancy, in the best of times, is something of an emotional rollercoaster, and it’s an experience that you want to approach from as tranquil a space as possible. If divorce is also on the horizon, you’re facing a situation in which you need to focus on taking the best possible care of yourself and on obtaining the skilled legal counsel of an experienced Houston family law attorney.
A Pregnancy Can Delay Your Divorce
In Texas, you and your spouse can’t obtain a divorce while you are expecting a child. This is an important consideration to factor into your divorce plans. Because your divorce decree will outline the “just and right” division of your marital assets as well as solidify your child custody arrangements, Texas takes the stance that custody arrangements can’t be made for a child who’s not yet born. Even if you and your divorcing spouse have hammered out every detail of your divorce down to your unborn child’s minute-by-minute schedule, it is very unlikely that you will be able to finalize your divorce before you give birth.
The Waiting Period
Texas has a mandatory waiting period of at least 60 days from the filing date before a divorce can be finalized. If you are pregnant when you file, the waiting period will be extended until your child is born. If you are interested in putting your divorce behind you as quickly as is reasonable, you can file your divorce papers while you’re pregnant and proceed with finalization as soon as your baby is born. If, for example, you are four months pregnant when you file, you’ll have to wait five months before finalizing your divorce.
Remember to Keep the Health of Your Unborn Child Your Priority
If you’re pregnant, you are full of happy anticipation and are likely to be near exhaustion much of the time. When you add the pressure and anxiety of a divorce, you can expect to be overwhelmed. When you’re pregnant, it’s necessary to put your and your unborn child’s health first and foremost. Don’t allow the additional burden of divorce to derail your healthy habits and lifestyle; instead, turn to your family, your trusted friends, and your dedicated divorce attorney for the help you need. When pregnancy and divorce coincide, it’s likely to slow down the divorce process, but it can also provide you with some of the time you need to take care of yourself along the way.
Texas Courts Presume that a Pregnant Woman’s Husband is the Father of the Child
In Texas, the court presumes that your unborn child is also your spouse’s child. If either of you disputes this presumption, the waiting period allows for paternity testing upon the child’s birth. If the court’s presumption proves incorrect, you’ll move forward with your divorce without addressing child custody arrangements for your newborn child. If your soon-to-be ex is the father, you’ll proceed accordingly.
The court won’t address child custody and child support issues before the child in question is born (and paternity is established if there is any question). The court’s stance is that, until your child is born, it’s nearly impossible to know his or her needs. If, for instance, your child is born with special needs, the child custody arrangements you made before the birth will probably no longer apply. Further, if the child’s birth requires you to be absent from your job for an extended period, your need for spousal maintenance may be far greater than you originally supposed. All told it is extremely difficult to predict exactly what your circumstances will be after you’ve given birth, and the court takes a wait-and-see approach.
Waiting Out Your Divorce
If you are pregnant and going through a divorce, you may have several additional months to move through the divorce process. Some couples can use this time to come to a mutually acceptable agreement on important divorce issues – via mediation, through their attorneys, or on their own – and are, thus, able to avoid the added stress and expense of going to court. It’s important to remember that the court has wide discretion when apportioning your marital assets and determining your child custody arrangements. If you and your spouse can hammer something out together, it will likely be in your best interest.
Consider Seeking Temporary Court Orders During Your Divorce
The fact is that if you are divorcing while you are pregnant, it’s very likely that your divorce will tend toward contentiousness. Often, pregnancy will bring a couple closer together. If yours hasn’t had that effect, it’s not a stretch to imagine that the heightened expectations and emotions of pregnancy will amplify the already significant effects of the divorce process. As such, temporary orders are often critical to navigating the lead-up to divorce. Your skilled Houston divorce lawyer will help obtain temporary orders that set guidelines and ground rules that will help you find the space you need to have a healthy pregnancy and come out on the other side of your divorce. Now is not the time to try it alone; you need all the help you can get. Rely upon your loved ones, friends, and legal team to help ensure you get the support you need.
FAQ on Texas Divorce While Pregnant
What happens if you divorce while pregnant?
In Texas, you can file for divorce while pregnant, but the divorce may not be finalized until after the child is born. This allows the court to establish paternity and make appropriate orders regarding child custody, support, and visitation.
What is the 10-year rule for divorce in Texas?
The 10-year rule in Texas refers to a provision where a spouse may be eligible for spousal maintenance if the marriage lasted 10 years or longer and the spouse seeking maintenance lacks sufficient property or the ability to support themselves.
Who gets the child after divorce in Texas?
Child custody in Texas is determined based on the best interests of the child. Factors considered include each parent’s ability to provide for the child, the child’s wishes (depending on age and maturity), and any history of family violence or substance abuse.
Can you file for child support while pregnant in Texas?
You cannot file for child support while pregnant in Texas. Child support orders are typically established after the child is born when paternity can be confirmed, unless paternity was acknowledged beforehand.
What happens if you lie about being pregnant on divorce papers?
Lying about being pregnant on divorce papers is considered perjury and can lead to legal penalties, including fines and possibly jail time. It can also negatively impact the credibility of the lying spouse in divorce proceedings.
What is the divorce rate for marriages due to pregnancy?
Specific statistics on divorce rates for marriages due to pregnancy are not readily available, but studies suggest that marriages which occur due to unplanned pregnancies can face higher stress and a higher risk of divorce.
What is the #1 cause of divorce?
Commonly, infidelity, financial difficulties, lack of communication, and constant conflict are cited among the leading causes of divorce.
Who initiates divorce more?
Studies, including those from the American Sociological Association, indicate that women initiate divorce more often than men, with reported figures suggesting that women initiate nearly 70% of all divorces.
Which marriage has the highest divorce rate?
Second and subsequent marriages typically have higher divorce rates compared to first marriages. The increased complexity of blended families and unresolved issues from previous relationships are contributing factors.
Can I leave my husband while pregnant?
Yes, you can separate from your husband while pregnant if you feel it is necessary for your well-being or safety. However, legal aspects like custody and support will be addressed once the child is born.
What happens when a spouse lies in a divorce?
If a spouse is caught lying during divorce proceedings, it can lead to legal repercussions, such as sanctions or fines, and it may adversely affect their case, especially concerning issues like asset distribution and custody.
Can I divorce my wife if she is pregnant by another man?
Yes, you can file for divorce in Texas if your wife is pregnant by another man. The divorce process can still proceed, but issues regarding the child, such as paternity, will need to be resolved as part of the divorce settlement.
If You Are Pregnant and Facing a Divorce, You Need an Experienced Houston Family Law Attorney
No one plans for their pregnancy and divorce to coincide, but it, nevertheless, does happen. If you are expecting a child and moving toward divorce, you have much on your plate. The dedicated legal professionals at The Rudisel Law Firm, P.C., in Houston, are here to help you throughout this difficult journey. Though divorce and pregnancy aren’t ideal partners, our experienced family law attorneys will help you find your best path forward. For a free consultation, please don’t hesitate to contact us or call us at 713-781-7775 today.