Legal Question in Family Law in Texas

divorce

I'm wanting to get a divorce no doubt in my mind. We are living apart and have no plans of ever getting back together. Everything we owned as a married couple has been split. I'm pregnant and due late November early December, he wants to get a paternity test. He feels the baby is not his. I just need some advice and have to many questions that I need answered. He is already threating me over the phone and the computer. I would like to know if I should do anything about it? What all should I put in the divorce papers? Do I have to get a lawyer now being as though I'm pregnant and there will be a baby involved?


Asked on 9/04/08, 10:51 pm

1 Answer from Attorneys

Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: divorce

There appear to be a number of complicated issues involved in your case. While the property seems divided, the child due in November will complicate the case. No Court will grant a divorce while you are pregnant. Children born during a marriage are presumed to be of that marriage, but your husband can deny paternity and force paternity testing to be done. If the test shows he is not the father, the Court will not grant the divorce until the father of the child is added as a co-Respondent to the divorce action and a formal parent-child relationship is established between the father and the child. If your husband is found to be the father, then the decree needs to make provisions for custody, visitation and support of the child. I realize that you do not want to be hearing about all of these things, but believe me, they will be a part of your case and it is strongly advised that you hire an attorney to assist you in these proceedings. I am a board certified specialist in the field of family law and would be willing to assist you in this matter. please contact me if you are interested in visiting more about all of the factors /issues involved in your case.

Read more
Answered on 9/05/08, 12:10 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas