Legal Question in Family Law in Texas
I'm going through a divorce in Texas, we have filled all the papers and it is to be final at the end of June 2010. I didn't tell my spouse I was pregnant because it's not his. We have been separated for two years and lived in different towns, I know he is not the father and I do know who is. I was wanting to know, should I have told him? Will this effect our divorce if I tell him after the divorce is final? Or can I just have him sign something saying he is not the father?
2 Answers from Attorneys
Even though you know he isn't the father, under Texas law he is the presumed father. This should be addressed in the final decree (and at the final hearing), or there could be problems later.
I suggest: Have your husband show up at your final hearing. Have him testify that he hasn't "had access" to you in two years.
Then tell the Judge that you're pregnant.
And draft a decree that reflects that you're pregnant, but the child isn't your husband's.
The previous answer is correct, but please be aware that some judges will not grant a divorce until after the child is born.
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