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Can you finalize a Texas divorce while pregnant?

On Behalf of | Apr 5, 2024 | Divorce |

Navigating a divorce can be challenging, especially when one of the parties is pregnant. In Texas, laws surrounding divorce and pregnancy can vary, leading to uncertainty for couples facing this situation.

Recognizing the legal implications and requirements for finalizing a divorce while pregnant is helpful for couples seeking to dissolve their marriage.

Legal considerations

In Texas, a divorce cannot become final until at least 60 days pass since the filing date. This waiting period allows couples time to consider reconciliation or negotiate divorce terms. However, if one spouse is pregnant, the court may delay the finalization of the divorce until after the birth of the child. This delay ensures adequate time to address child custody, visitation and child support.

Medical considerations

Pregnancy adds a layer of complexity to the divorce process. Expectant mothers may experience heightened stress and anxiety during this time. This can impact their ability to participate in legal proceedings. Additionally, medical considerations such as prenatal care and potential complications may influence the timing of the divorce finalization. Couples may need to work with their health care providers to navigate these challenges.

Child custody impacts

The welfare of the unborn child is a primary consideration in divorce cases involving pregnancy. Courts prioritize the best interests of the child when determining custody arrangements. Finalizing a divorce while pregnant may complicate custody decisions, as courts may wait until after the child’s birth to establish custody and visitation rights. Collaborative co-parenting plans and mediation may be beneficial in addressing custody issues during this time.

Per KVUE, Texas is one of four states that does not allow finalizing a divorce while pregnant. Understanding the legal and medical implications helps people navigate the complexities of divorce while pregnant with clarity and confidence.


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