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What to do if a pregnancy is discovered during a Texas divorce

Monday, July 16, 2018

Getting divorced is an arduous and stressful process in most cases, and if there is also a pregnancy involved, the trauma can be more severe. Along with difficult, but necessary decisions about selling or keeping the family home and all the other aspects of property division, a newborn child can complicate the process significantly. Before filing the papers for a divorce in such circumstances, it may be wise to discuss the relative state laws with an experienced Texas divorce attorney.

Each state has its own laws about permitting a divorce while one spouse is pregnant. Some states may allow the commencement of the divorce proceedings but may delay finalization until after the birth of the baby. The reason for this is that matters related to child support and child custody arrangements must be considered in the event of a divorce when there are children involved, and in some cases, paternity has to be established.

It can be extremely costly and time-consuming to go back to court for these issues after a divorce has already been granted. However, if the pregnancy is discovered only after the divorce, this may be the only way to go. Couples who have made up their minds about getting divorced despite a new baby being on the way, but are prevented by law from getting divorced, may choose to have a legal separation until after the birth of the child.

A couple facing such a dilemma may benefit from the months leading up to the child's birth by preparing for the divorce. With the guidance of their respective Texas divorce attorneys, both parties can prepare for negotiations about matters related to the expected child. Each spouse's lawyer can be present to provide valuable input if couples decide to use the services of a divorce mediator. 

Source: romper.com, "Can I Get Divorced If I'm Pregnant?", Samantha Derby, Accessed on June 9, 2016

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