Pregnancy and Divorce: Can the Two Mix in Texas?

Pregnancy and Divorce: Can the two mix in Texas?

Divorce with an infant in tow presents a distinct set of challenges, especially in Texas. This article sheds light on the emotional and legal intricacies of managing a divorce while navigating the early stages of parenthood. Join us as we explore the specific hurdles and considerations that come with dissolving a marriage in Texas during one of life’s most tender phases.

Divorce with an Infant: A Rollercoaster Ride of Challenges and Triumphs!

Pregnancy is a transformative journey filled with its own set of difficulties and stresses. The physical pain and emotional rollercoaster can test even the strongest individuals. But what happens when divorce becomes a looming possibility during this already challenging time? If you find yourself contemplating filing for divorce while pregnant, this blog is tailored just for you. We will delve into important details and potential obstacles you may encounter when navigating the complex terrain of pregnancy and divorce.

Baby First, Divorce Second in Texas

In Texas, the intersection of divorce and pregnancy brings unique considerations. Surprisingly, the short answer is that divorce and pregnancy do not mix well in the Lone Star State, even if you and your spouse have reached agreements on all issues. Unfortunately, filing for divorce while pregnant typically leads to a waiting game until your precious bundle of joy arrives. Roadblocks and delays are the name of the game, and it’s essential to be prepared for the journey ahead.

Texas law mandates a minimum waiting period of sixty days from filing a divorce petition before the divorce can be finalized. If you’re five months pregnant, the earliest the divorce can be completed is in four months. It’s important to note that the court will only acquire jurisdiction over the child once they are born, and at that point, will issue orders related to conservatorship, access, possession, and support.

Legal Requirements and Procedures for Divorce in Texas

Step 1: File a petition for divorce, stating grounds for dissolution.

Step 2: Wait for a minimum of 60 days from the filing date before the divorce can be finalized.

Step 3: If you’re pregnant, the divorce cannot be granted until after the child is born.

Step 4: The court acquires jurisdiction over the child once born and issues orders related to conservatorship, access, possession, and support.

First Hurdle: Child Issues in Limbo

One of the challenges faced when divorcing while pregnant is the difficulty of resolving child-related matters when the child is not yet born. For instance, determining paternity and child support becomes a waiting game until the child’s birth. Courts cannot order child support payments in anticipation of the child’s birth—there must be a live baby for such orders to occur.

Presumption of Paternity: Addressing the Unknown

In cases where paternity is in question, there is a legal presumption in Texas that the child belongs to the spouse. Therefore, if paternity needs to be disputed, the divorce will have to wait until the birth of the child. Genetic testing to establish paternity can only be conducted after your baby is born. Your husband must agree to undergo the paternity test. If he refuses, your claim that he is not the biological father loses its weight.

Unraveling the Paternity Puzzle

Pregnancy and Divorce: Can the two mix in Texas?

Suppose your spouse is not the biological father of your unborn baby. Challenging the legal presumption requires genetic testing on both your spouse and the child. However, as mentioned earlier, this can only occur after your baby’s birth. It is pivotal that your husband agrees to undergo paternity testing.

On the other hand, your husband has the option to file a Denial of Paternity document, while the biological father can accept paternity by filing an Acknowledgment of Paternity. Following these steps, as outlined in the Texas Family Code section 160.305, removes the presumption of your husband’s fatherhood and relieves him of any rights or duties under state law concerning the child.

Navigating the intricate path of pregnancy and divorce in Texas requires careful consideration and understanding the legal landscape. Balancing the needs of your unborn child and the complexities of divorce can be a daunting task, but it’s crucial to prioritize their well-being throughout the process.

Remember, while the journey may be challenging, seeking legal guidance and emotional support can help you overcome the hurdles along the way. Stay strong, and know that you have the power to navigate this uncharted territory successfully.

How Best to Proceed if You Are Pregnant and Want a Divorce in Texas

You may be in a similar position as a woman who came in to talk to me about a divorce a few weeks ago. She was six months pregnant and eagerly anticipating the birth of her child. However, she and her husband had been going through a rough time before the pregnancy, and she now believed that a divorce was inevitable and in the best interest of herself and her child.

She came into the Law Office of Bryan Fagan, PLLC, to see if she could get a divorce while pregnant or if she was better off waiting to file the divorce until the child was born.

While I could not tell her that a divorce could be achieved while she was pregnant, I could tell her that it made sense to begin the process of divorcing while pregnant. This way, you already have the ball rolling and do not have to set yourself further behind “schedule” by waiting to file.

As we discussed at the outset of this blog post, starting a divorce is one of the more difficult tasks I can imagine undertaking. Doing so with a newborn baby at home brings the degree of difficulty to off-the-charts levels. Planning is the way to go in this regard. An extra month or two can help you and your spouse by providing additional time to negotiate any outstanding issues that impede your ability to settle this divorce.

Divorce with an Infant: Navigating the Journey

Divorce is never an easy decision, and the stakes are even higher when you have an infant in the picture. As parents, you want what’s best for your child, but the complexities of divorce can make the process overwhelming. This article will explore the various aspects of divorcing with an infant, shedding light on legal requirements, emotional challenges, financial considerations, and more. So, let’s embark on this journey together and find the guidance you need.

When it comes to divorce with an infant, understanding the legal requirements and procedures is crucial. In Texas, specific guidelines apply to divorce proceedings. The first step is filing a divorce petition, stating the grounds for the dissolution of the marriage. After filing, a 60-day waiting period begins, which allows for addressing all child-related issues. However, if you are pregnant, the court will not grant the divorce until after the child’s birth.

Effects of Divorce on Children and Parenting During Divorce

Divorce inevitably impacts children, and their well-being becomes paramount when an infant is involved. Infants rely heavily on stable and nurturing environments for healthy development. Maintaining a consistent routine and ensuring both parents are involved in the child’s life becomes crucial during the divorce process. Creating a co-parenting plan that focuses on the child’s best interests and provides a framework for both parents to share responsibilities effectively is essential.

Custody and Visitation Rights in Divorce Cases Involving Pregnancy

Determining custody and visitation rights can be particularly challenging when dealing with an infant during a divorce. The court’s primary concern in Texas is the child’s best interests. The court may consider various factors, such as the child’s relationship with each parent, their ability to provide a safe and stable environment, and the parents’ willingness to cooperate. Regarding visitation, the court may establish a schedule that considers the child’s age and developmental needs, ensuring both parents have meaningful time with their infant.

Financial Considerations and Division of Assets During a Divorce

Pregnancy and Divorce: Can the two mix in Texas?

Divorce involves not only emotional turmoil but also financial considerations. When an infant is involved, the financial impact can be significant. Texas follows the principle of community property, meaning that marital assets and debts are generally divided equally between the spouses.

However, the court may consider factors such as the child’s needs, the earning capacity of each spouse, and the child’s primary caregiver when determining financial support. It’s important to consult with a qualified attorney to understand your rights and obligations regarding child support and the division of assets.

Emotional and Psychological Challenges Faced by Pregnant Women Going Through a Divorce

Pregnancy is supposed to be a joyous time, but the emotional and psychological challenges can be overwhelming when you’re going through a divorce. The hormonal changes, the stress of divorce proceedings, and the anticipation of becoming a single parent can affect your well-being. It’s essential to prioritize self-care and seek support from friends, family, or even professional counselors who can guide you during this difficult time. Remember, taking care of your emotional health is equally essential for the well-being of your infant.

Support Networks and Resources Available for Pregnant Women in Divorce Proceedings

No one should navigate the complexities of divorce alone, especially when you’re pregnant. Fortunately, several support networks and resources can offer guidance and assistance. Local organizations, counseling services, and online communities specifically cater to pregnant women going through a divorce.

These networks can provide emotional support, legal advice, and connect you with others who are on a similar journey. Seeking support from these resources can make a significant difference and help you feel less alone during this challenging phase.

Mediation and Alternative Dispute Resolution Options for Resolving Divorce Issues

In divorce cases involving an infant, exploring mediation and alternative dispute resolution options is essential. Mediation allows couples to work with a neutral third party to find mutually acceptable solutions. This approach can be particularly beneficial when determining custody, visitation schedules, and parenting plans.

By engaging in open and constructive communication, parents can prioritize the well-being of their infant and avoid lengthy court battles. Mediation allows both parties to have a say in the outcome and fosters a cooperative approach to parenting after divorce.

Divorce can undoubtedly impact prenatal care and pregnancy-related decisions. As expectant parents, you may have to navigate these decisions independently or redefine your roles as co-parents. It’s crucial to communicate openly about important matters such as medical appointments, birthing plans, and the overall well-being of the mother and the unborn child. While the relationship dynamic may change, maintaining a cooperative and supportive approach is key to ensuring a healthy pregnancy and a smooth transition into co-parenting after the divorce.

Postpartum Considerations and Adjustments After Divorce with a Newborn

The postpartum period is challenging for any new parent, and adding divorce can amplify the difficulties. As a single parent, you may need to make adjustments to your daily routine and establish a support system to help you navigate the demands of caring for an infant. It’s crucial to prioritize self-care, seek assistance from friends and family, and consider professional support when needed. Remember, seeking assistance is not a sign of weakness but a testament to your commitment to providing the best possible care for your child.

In cases where the infant’s biological father is not the husband, the legal rights and obligations of non-biological fathers in Texas require careful consideration. Establishing paternity becomes crucial for determining child support, custody, and visitation rights. The Texas Family Code provides guidelines for non-biological fathers to contest paternity and assert their rights. By following the proper legal procedures, non-biological fathers can protect their relationship with their child and fulfill their obligations under state law.


Divorcing with an infant presents unique challenges, but with the right knowledge and support, you can navigate this journey successfully. Remember to prioritize your child’s well-being and seek guidance from professionals who can provide legal advice and emotional support. By focusing on effective communication, cooperative co-parenting, and self-care, you can lay the foundation for a healthy and harmonious future for you and your infant. Embrace the journey, and know that you are not alone.


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Frequently Asked Questions: Divorcing with a Newborn

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