If I am pregnant, can I file for divorce?

You can file for divorce if you are pregnant, but the divorce cannot be finalized until the child is born. This is true so that appropriate orders may be made for support and access, and sometimes the paternity, of the child. If the father of the child is not the husband, the court will require that the biological father be joined as a party to the divorce. This is necessary because the law presumes that a pregnancy during marriage is a child of the husband of the marriage. This process insures that the correct person is named as the father of the child.

Call 214-373-9292 or contact us to discuss your concerns.