Legal Question in Family Law in Texas

pregnant with man other than husband

My husband and I are separated for about 2 years now and lives overseas(not knowning exactly where he is)but I'm filling for a default divorce but my problem is that I am now 5 months pregnant with another man.The baby is not my husband's because he has not be in this country for the past 3 years.Should I wait and file for divorce after baby's birth or would it matter showing up in court being pregnant?My husband will not be present at the trial.Thank you


Asked on 8/27/01, 5:39 pm

3 Answers from Attorneys

Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: pregnant with man other than husband

A Tx. court won't grant you a divorce while you

are pregnant. And there are ways to find your

husband to give him notice of the divorce so

that there will never be a question about what

happened and the division of property and so

on ... Be sure to consult an attorney and best

to hire one ... Good Luck ...

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Answered on 9/16/01, 4:18 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: pregnant with man other than husband

If you are pregnant the law presumes the baby to

be you husband's child. Your divorce will not be

legal unless your husband claims (and pays child

support)the child in your womb or you get him to

deny the child is his and the child's biological

father to claim the pertinity. Call me I can help.

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Answered on 9/16/01, 8:14 pm
Jean Sudduth Jean Sudduth, Attorney at law

Re: pregnant with man other than husband

I think you need a lawyer to handle this. The state of Texas has a special form where all 3 of you sign a document that claims your husband is not the father - you can get a divorce after this document is signed but you must wait 30 days after divorce is final to remarry.

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Answered on 9/18/01, 1:07 am


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