We understand going through a divorce can be a troubling and emotional time for any two people and on top of that we can only imagine the stressors of going through those proceedings while being pregnant. Pregnancy can be a beautiful experience and many couples look forward to it but when thinking about splitting it can seem to be at an unfortunate timing. Now the bigger question that might be on your mind is probably: how much does being pregnant have an affect on the divorce?
Whether you just find out you are expecting or if you have known for a couple weeks or months, there are laws in place that determine how your divorce case will move forward in the state of Texas. When you think of pregnancy the next topic is not often divorce that follows it but in the cases it does happen it is imperative to understand the process you would go through if you are in this position. Our friends at Brandy Austin Law Firm answer some of those questions that might be going through your head and the one we posed earlier, below.
Texas Laws Surrounding Pregnancy And Divorce
To begin with, if you are finding yourself in a position where you are pregnant and you and spouse decide it is best for the both of you to separate, you have to understand under Texas law a divorce will not be granted while you are still pregnant. However, you will be able to go through with filing your divorce with the understanding it will NOT be finalized until the birth of your child. This is due to the fact that courts will not have jurisdiction and be able to pass a decision on your child until they are born. Judges will wait to pass their rulings on matters such as the custody of the child, child support, and any other matters after the baby is born to best ensure all aspects of the divorce are settled.
An experienced divorce lawyer will tell you that although your divorce will not be finalized through the entirety of your pregnancy, that does not stop you from filing or from any negotiation talks. After you have filed you can start the process of going through the mediation process, which will include you and your partner trying to come to an agreement without having to go to trial.
When going through a divorce in texas while being pregnant it is important to understand it can be what seems like a very lengthy period till it is done. In accordance with Texas law, once you have filed for divorce and your significant other has been served with the papers, you must go through a 60 day waiting period that is mandatory. If after this mandatory waiting period you are still pregnant then you must wait till the birth of your child for a finalization of the divorce.
We understand feelings of anxiety and stress when thinking of starting a new life with your child and closing a chapter in your old life. But it is very important to understand how the law works when looking at complex situations such as these. The best interests of what you and your spouse want will always be a priority and the future care of the child will be taken into consideration by every court. It is important for you to take the decisions you believe are right for your child to help protect them from emotional and any other stresses.