My wife and I reside in the state of Texas. She left me over a month ago, and we are going to get divorced. She claims that I have to wait to file until she has the baby, stating that this is a Texas law. I am going to talk to an attorney, but I want to get what info I can ahead of time.
Now, I'm in the Army, so she'll get medical for her and the baby until 6 weeks post partum, after which the baby will be covered, but not my wife. She's been causing me a great deal of diffuculty and pain, and I want this over with as soon as possible. If I can get this divorce sooner rather than later, that's what I want to do.
Can somebody please advise me on this supposed Texas law? I'd love to see a link or two with details, if possible. Thanks.
2007-09-16 11:48:46 · 8 answers · asked by Brian Sparta 2 in Family & Relationships ➔ Marriage & Divorce
you can divorce at any time in Texas....you will of course pay child support but you can still get divorced. I am in Texas too.
2007-09-16 11:56:36 · answer #1 · answered by amazincajn_99 4 · 0⤊ 1⤋
I am not a lawyer, but I did go look up the state statutes, which you can do at the address below, use the search button, select "Family Code" for the "Codes to Search" and type "divorce" and you'll find a number of sections. The one here seems to be the most relevant is Subtitle C..
There does not appear to be any grounds to prohibit a divorce because of pregnancy. Subtiltle C, "DISSOLUTION OF MARRIAGE" § 6.001. of the Texas Family code provides one of many reasons for divorce:
§ 6.001. INSUPPORTABILITY. On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
The only provision in Subtitle C where the term "pregnant" is mentioned deal with having a marriage of an underage woman annulled. The word "pregnancy" doesn't even appear in that subtitle.
If your wife claims there is a provision to delay a divorce because of pregnancy, ask her to cite the statute that provides this or ask her to have her lawyer inform you as to exactly which statute by number specifically delays a divorce because of pregnancy.
The only provision for delay is that by law a divorce cannot be granted less than 60 days after the petition is filed, so that once you file the petition it is a minimum of two months before a divorce can be granted.
Note that she may be afraid you think you can get out of paying child support if you divorce her early - unlikely, you are liable for child support until it turns 18, and it wouldn't even matter whether or not the two of you were married - or she may be worried your health insurance won't cover the delivery. I think the latter is the more likely concern she has.
2007-09-16 13:57:34 · answer #2 · answered by Paul R 7 · 0⤊ 0⤋
She is right in that certain parts of a divorce would be on hold til the baby was born and thus the divorce could never be finalized til then anyway. This is what happens in all states when a pregnancy is involved in a divorce proceeding
2007-09-16 11:58:36 · answer #3 · answered by Arthur W 7 · 2⤊ 0⤋
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2016-04-21 21:51:06 · answer #4 · answered by ? 3 · 0⤊ 0⤋
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2017-02-17 00:00:32 · answer #5 · answered by ? 3 · 0⤊ 0⤋
There is no reason that you have to wait. Sounds like she is blowing smoke up your ****. A lawyer is the best bet.
BTW we all appreciate what you do for your country.
2007-09-16 11:55:59 · answer #6 · answered by umannjo 3 · 0⤊ 1⤋
LOVE YOU AND THANK YOU FOR DEFENDING OUR COUNTRY! OHH AND GET RID OF HER IF YOU KNOW WHAT IS UP. IS THE BABY YOURS? IF IT IS, GRANT HER SOME MEDICAL BUT THEN MOVE ON. IF NOT/ THEN FILE AND MOVE ON. YOU DESERVE TO BE HAPPY AND TO CONCENTRATE ON YOUR JOB. TALK TO YOUR COMMANDING OFFICER TOO. YOU NEVER KNOW.
2007-09-16 12:00:06 · answer #7 · answered by Anonymous · 0⤊ 1⤋
she just want the monthly allotment check.. yeah you can divorce her .. you lawyer will tell you when you talk to him
2007-09-16 11:59:29 · answer #8 · answered by vis 7 · 0⤊ 1⤋