Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Divorce During Pregnancy in Texas

ATTORNEYS IN DALLAS

Under Texas law, you cannot get divorced if a spouse is pregnant as you are both considered the parents until genetic testing is complete.

Divorce During Pregnancy

Despite pregnancy and divorce being considered very different stages in a couple marriage, some couples may choose to end their marriage while expecting a child. Divorce during pregnancy is treated like any other divorce in some states, but in Texas, the divorce process may become more complex due to the pregnancy.

Filing for Divorce While Pregnant

To obtain a divorce during pregnancy in Texas, the person must meet the same requirements as those filing for divorce under normal circumstances. In Texas, either the person initiating the divorce or their spouse must be a resident of Texas for at least six months prior to filing, as well as a resident of the county where the Petition is filed for at least 90 days. The divorce proceedings commence with the filing of a Petition for Divorce, where the party requesting the divorce is required to specify whether the wife is pregnant and, if so, whether the husband is the father.

However, even though there are no legal restrictions against it, Texas courts are unlikely to grant a divorce while the wife is still pregnant. Instead, they wait until the child is born, which takes at least 60 days from the date the Petition was filed, to address matters such as custody and support in the divorce decree.

Establishing Paternity for Divorce While Pregnant

A significant issue that arises in divorces filed while the wife is pregnant is the paternity of the unborn child. In Texas, a man is assumed to be a child's father if he is married to the child's mother and the child is born while the couple is married, or before the 301st day after the marriage ends. However, this presumption is rebuttable.

If either party questions the husband's paternity of the unborn child, they can ask the court to decide the child's paternity. The court will consider genetic testing to establish or disprove the presumption that the husband is the father or to determine if another man is the father. However, paternity typically cannot be determined until the child is born and genetic testing is conducted.

Furthermore, the presumption of paternity can be rebutted if the husband denies paternity while another man acknowledges paternity, which is equivalent to an adjudication and releases the husband from any parental duties or rights.

Child Support and Custody

In the event that neither party contests the husband's paternity of the child, the court will hold off on making decisions regarding custody and child support until after the child is born. Texas law presumes that the best interests of the child are served when the parents are joint managing conservators, which means that they both have the ability to make decisions about the child's care and upbringing. Additionally, courts usually grant both parents possession and access, which refers to visitation rights in Texas. In several instances, the court may order one parent to pay the other parent child support.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

Divorces can be complex from both an emotional and legal standpoint. However, when a couple decides to pursue a divorce during pregnancy, the situation can become particularly challenging. The attorneys at Wilson Whitaker Rynell are experienced in dealing with intricate divorce issues and will work tirelessly to achieve a positive resolution for you. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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