her and her husband had been separated for some time and now someone is telling her that she won't be allowed to get a divorce if she is pregnant, which makes no sense to me because the baby isn't even her husbands and yet her husband is refusing to sign the papers right now anyway. Any info on this would be appreciated.
2007-08-05 05:17:17 · 3 answers · asked by Corona 5 in Family & Relationships ➔ Marriage & Divorce
Being pregnany has NOTHING to do with getting a divorce.
If he is being a jerk and not signing the papers, then just go on and go to court, let the judge handle it.
File away.....
ADDITION:
In the State of Texas, it is quite possible to get a divorce while pregnant. If you are looking for a no fault divorce, it won't happen, but then again, if he isn't signing the papers, it wasn't going to happen anyway.
There are no laws on the Texas books, that state that a couple cannot get divorced if the woman is pregnant. The Texas Family Code governs rules for divorce, feel free to search and explore them:
http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm
If the child is by a man other than her husband, it can lead to issues, and may delay the divorce, but it will happen none the less. Then again, if they have been living apart for greater than 3 years, it makes it even easier.
Lots of variables involved here.
You will need an attorney, and one that specializes in family law.
Trust me, it can be done, anyone who tells you different is either reciting anectdotal evidence (i.e. a friend of a friend of mine one time told me.....), or googling the first answer that comes up.
2007-08-05 05:20:06 · answer #1 · answered by Michael H 7 · 1⤊ 1⤋
I am not an attorney but have managed a legal suite many years ago so this is NOT legal advise. Most judges will not permit a divorce during pregnancy until the baby is delivered. Legally the baby is considered the husbands child and so I would think they will have to have paternity testing. Here is a link that should help you.
http://www.texaslawpractice.com/divorce.html
Good luck.
2007-08-05 05:27:48 · answer #2 · answered by ? 4 · 0⤊ 1⤋
In TX you can not get a divorce if you and your husband are expecting. Friend of mine tried to divorce his wife while she was pregnant. I would tell the lawyer that is not her husbands kid and they should let them get a divorce. Good luck
2007-08-05 05:27:34 · answer #3 · answered by Anonymous · 0⤊ 1⤋