Legal Question in Family Law in Texas
Pregnant & divorce
can my husband hold up the divorce due to me being pregnant.
Asked on 9/05/07, 10:12 am
1 Answer from Attorneys
John Pfister, Jr.
Pfister & Associates
Re: Pregnant & divorce
Yes. There is a statutory presumption in the law that your husband is the father of the child. If he isn't and you and the real father of the child will acknowledge to the court who the real father is and your husband doesn't contest it, then a court MAY grant you a divorce while you are pregnant. Otherwise, the court will delay your divorce until after the child is born and a DNA test can establish who the father really is. A court will not do a DNA test before the birth do to risks to the child.
Answered on 9/05/07, 10:59 am
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