You may have seen or heard things on social media or elsewhere about women not being allowed to get divorced if they’re pregnant in Texas and some other states. Some people think that this is something new and related to the multitude of other laws and legal rulings happening around the country regarding reproductive rights.
The truth is that in Texas, judges typically won’t allow a divorce to be finalized until after a baby is born if one of the spouses is pregnant. While there is currently no law that specifically prohibits it, this has been a practice, however, for some time.
Texas divorce petitions
On the Texas divorce petition that a person seeking a divorce needs to file, one of the questions is whether a spouse is pregnant. It further states, “I understand that I cannot finish the divorce until after the child is born.” The petition also asks if the other spouse is the unborn child’s father (if the petitioner knows).
The primary reason that Texas judges won’t finalize a divorce while a spouse is pregnant is that they would be codifying child custody and support agreements for a baby who hasn’t been born yet. Once the baby is born, the court can approve the divorce decree along with the agreements involving the child.
Note that under Texas law, a man has a presumption of paternity if he was married to the baby’s mother when the baby was born or if they were born “before the 301st day after the date the marriage is terminated….”
There’s a lot you can do to prepare for divorce
This doesn’t mean that a couple who plans to divorce has to live together until their baby is born. Texas has no required separation period. If there’s abuse in the relationship, a spouse can get a protective order as well. There’s nothing to prevent spouses from moving forward with negotiating their agreements during this time so that the divorce can be finalized as soon as the baby arrives. Of course, if there are unforeseen issues with the health of the baby, they may need to make some changes to take that into consideration.
If you are divorcing and a pregnancy affects your ability to move forward in certain ways, know that seeking legal guidance can help you do what’s best for your and your child’s well-being now and into the future.