Recent social media posts and news articles have sparked conversation about divorce and pregnancy laws after an NPR report examined a Missouri law preventing couples from finalizing a divorce while pregnant.

Missouri is one of four states that have this rule. Texas also currently prohibits couples from finalizing a divorce while one member of the couple is pregnant. Arizona and Arkansas also have similar laws.

The Reasons Behind the Texas Rule

Laws that prohibit finalizing divorce during pregnancy arose at a time when mothers and children had fewer rights in the divorce process. If a divorce was finalized before a child was born, state law would not presume that the former spouse was the father. Instead, mothers had to fight for this recognition on behalf of their child – and fathers could fight to ensure they weren’t held responsible for child support. The results could be devastating for the mother and child.

To reduce these issues, Texas and other states passed laws requiring that the divorce only be finalized after the child was born. These states preferred to address paternity issues once the child was born, only finalizing orders for child support or custody arrangements at this time.

Today, however, women have more financial agency, stronger legal rights, and more independence. Research also indicates that these laws can result in some women struggling to escape abusive relationships. Consequently, recent media coverage has focused on the need for Texas and other states to revisit these laws.

Handling Divorce During Pregnancy

Texas doesn’t allow couples to finalize a divorce during pregnancy. However, Texas does allow couples to begin the divorce process or work on divorce-related issues during a pregnancy.

This means that even if one partner is pregnant, a Texas couple may:

• Each chooses a divorce and family law attorney to assist them through the divorce process,
• File a petition for divorce or respond to a petition filed by the other spouse,
• Attend negotiations or mediation sessions to settle questions related to property division, child custody, and child support,
• Respond to court orders, attend hearings, and complete necessary paperwork related to the divorce.

When each spouse works with an experienced attorney, they can settle issues and prepare plans to submit to the court – helping ensure the divorce is finalized promptly once the child is born.

There are other steps that spouses can take if they’re waiting on a birth to finalize a divorce in Texas. If you’re dealing with a divorce during pregnancy:

• Focus on parenting plans. Creating a parenting plan may not be as exciting or fun as decorating a nursery or daydreaming about your child’s future – yet a parenting plan provides an essential foundation for the rest of your child’s life. Think about how you and your child’s other parent will share parenting responsibilities. In situations where the other parent cannot, should not, or will not share responsibilities, speak to a lawyer about how best to protect yourself and your child.
• Talk to your doctor about managing stress. Your OB-GYN can help you access strategies and resources to manage stress during pregnancy. These resources can help ensure a healthier pregnancy and delivery. If your spouse is the one who is pregnant, your primary care provider may be able to offer strategies and support for stress, such as access to qualified therapists.
• Call on your friends and family for support. Divorce can be stressful even in the best circumstances. You’re wrapping up a partnership that has defined your life, perhaps for many years. Add a pregnancy and the anticipation of a new baby, and the stress can easily feel overwhelming. Ask for help with meals, chores, childcare, or even just emotional support.

Texas has a 60-day waiting period to finalize all divorces, regardless of pregnancy status. This waiting period may affect how a couple thinks about finalizing a divorce, even if a baby is on the way. Speak to an attorney to understand how this waiting period applies, how it might overlap with the end of a pregnancy, and other factors that affect how long it takes to have a divorce finalized.

What to Do If You’re Considering Divorce

First, it’s important to recognize that you can take steps to move a divorce along during a pregnancy. While Texas law doesn’t currently allow couples to finalize the divorce, it does allow them to file a petition for divorce, attend mediation to settle property and child custody questions, and take other steps to complete the divorce process.

If you’re considering divorce or you believe your spouse is considering divorce, reach out to an experienced Texas divorce and family law attorney. An attorney can help you understand your legal rights and options, take steps to streamline the divorce process, and make an informed decision about your next steps. The team at the Law Office of Jason Wright can help.