Can I get divorced while I am pregnant?
Posted on Mar 9, 2012 7:45am PST
No. You can begin the divorce process, but the divorce cannot be finalized until you are no longer pregnant. The husband is considered the presumed father of the child. Therefore, even if husband is not the biological father, state law requires that you wait until the baby is born to prove paternity through genetic testing, or through an acknowledgment or denial of paternity. See example of acknowledgement and denial of paternity at https://www.oag.state.tx.us/cs/parents/cs_paternity.shtml and https://www.oag.state.tx.us/ag_publications/txts/paternity.shtml.