Getting a divorce is often a complex and emotional process, and it can become even more challenging when you are expecting a child. The state’s laws and procedures have specific rules that can impact your divorce process.
Can you file for divorce while pregnant?
Yes, you can file for divorce while pregnant in Texas. The state’s law does not prohibit filing for divorce simply because one spouse is pregnant. Also, keep in mind that Texas law requires a 60-day waiting period from the date one party files the divorce petition before the court will finalize the divorce.
Paternity considerations
Establishing paternity ensures that the court legally recognizes the biological father. In Texas, if the petitioning parties have a child during a marriage, the court presumes the husband is the father. If one party has questions about paternity, the court may order genetic testing.
Child custody and support
Once the mother has the baby, both parties must address child custody and support arrangements. Texas courts prioritize the best interests of the child when making these decisions. They consider several factors, including:
- Living arrangements
- Financial stability
- The child’s relationship with each parent
It’s important to plan for these discussions during the pregnancy to ensure a smooth transition after the birth.
Health insurance and medical expenses
If one spouse provides health insurance, it’s crucial to understand how coverage will continue after the divorce. You may need to negotiate terms to ensure that both the pregnant spouse and the unborn child have coverage.
Moving forward
Facing divorce while pregnant can be daunting, but understanding the specific considerations and planning ahead can make the process more manageable. Remember to approach the situation with a focus on cooperation and the best interests of everyone involved.
