Legal Question in Family Law in Texas
Divorce while pregnant
I have been seperated from my husband for a year. I have contacted a lawyer for a divorce. I also found out I was pregnant (by someone else). Will I still be able to get a 60 day divorce or will I have to wait?
2 Answers from Attorneys
Re: Divorce while pregnant
You cannot finalize the divorce while pregnant. A child born during the marriage is presumed to be the child of the husband, so the court will have to hear evidence and address that issue in the divorce. You can file the divorce now, but will have to wait until after the baby is born to finalize it.
Re: Divorce while pregnant
In Harris County, you will need to wait until the baby is born before you can get the divorce finalized. I don't want to cover other counties in Texas -- there might be a Judge that would sign the Final Decree of Divorce but I'm personally not aware of any that would.
You can, however, go ahead and file the divorce now.
Good luck!
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