Q: Recently filed for divorce but pregnant with partner's baby (not spouse's). Do I have to reveal pregnancy?
My partner and I are planning to get married at the courthouse before the baby is born in February. No cheating involved; my ex and I have been long-term separated/agreed to divorce so there is absolutely no question of paternity, we only delayed filing til recently because we were figuring out what to do with the house (he is now buying me out). Does my partner and I getting married before the birth cancel out the necessity of an AOP/DOP? Will I get into legal trouble if I don't reveal the pregnancy during the divorce proceedings?
In the State of Texas, a child born during a marriage is presumed to be the child of the husband (even if it is not). In your Final Decree of Divorce, you must state whether there were any minor children born or adopted during the marriage. Additionally, when you finalize the divorce, the Wife must state whether she is currently pregnant.
For these reasons, parties cannot get divorced while the Wife is pregnant. You must wait until after the child is born to get divorced, because the law presumes that your husband is the father of the unborn child until it can be legally established that husband is not the father.
Therefore, you can and will get in trouble if you fail to reveal that you are pregnant during the "prove up" (or finalization) of your divorce.
I hope this information helps. Good luck to you.
In Texas, if a child was born during the marriage but is not the biological child of the husband, consider the following aspects of the Texas Family Code:
Paternity: Texas Family Code § 160.204 states that when a child is born during a marriage, there's a legal presumption that the husband is the child's father. If the husband is not the biological father and there's an intention to establish someone else as the father, a process to adjudicate paternity should be initiated.
Denial of Paternity and Acknowledgment of Paternity: If both parties (the mother and the presumed father) agree about the child's paternity, the husband can sign a Denial of Paternity. The biological father can then sign an Acknowledgment of Paternity, as per Texas Family Code §§ 160.301-160.302.
Divorce Restrictions During Pregnancy: In Texas, a divorce cannot be finalized while the wife is pregnant, even if the baby is not biologically the husband's. This ensures all issues concerning the child, such as paternity, custody, and support, are resolved in the final divorce decree.
Filing for Divorce: When filing for divorce in Texas with children involved, an Original Petition for Divorce must be filed. This petition should address issues like child custody, visitation, and support. If the objective is to establish that the husband is not the child's biological father, the Denial of Paternity and the Acknowledgment of Paternity should be included and referenced in the divorce filing.
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