Legal Question in Family Law in Texas

divorce and pregnancy

I am 5 months pregnant and my husband and I have agreed to get divorced. Am I still allowed to get divorced in the state of Texas even if the baby is not born yet or do I have to wait?


Asked on 4/05/09, 10:30 pm

2 Answers from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: divorce and pregnancy

Mr. Armstrong is correct that the divorce cannot be finalized until after the baby is born, but it may be to your advantage to file now. There may be other issues that need to be addressed now including support and use of vehicles and residence. Feel free to call my office to set an appointment if you would like to discuss this in more detail.

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Answered on 4/06/09, 11:56 am
John Armstrong The Law Office of John W. Armstrong

Re: divorce and pregnancy

You will have to wait until the baby is born before you can get divorced in Texas. If you file now, the Court will put the case on hold until after the birth. Therefore, you might as well wait until after the baby is born to file. However, it would be in your best interest, if you talk to an attorney now, and begin getting prepared for filing divorce later.

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Answered on 4/05/09, 10:42 pm


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