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View Full Version : Divorce while pregnant Law? Texas


startoverinsa
07-02-2006, 02:50 PM
I need help. I am in texas and my husband had me served with a petition for divorce on the last day of August 2005, while I was pregnant. I asked him why he didn't wait until after the baby was born. He said something along the lines of some law that was going to be passed in a few days. WHAT LAW? Does anyone out there know what law was passed in Sep. 2005 in regards to getting a divorce while the wife is pregnant? I have searched online but can't find anything. Let me also mention that the petition stated that "no child was born, or is expected" from the marriage. They both new good, and well, that I was going on 7 months pregnant. Would that void the petition, do we start over, in my opinion the lawyer shouldn't have done that, that is a lie! My soon-to-be ex said that they needed to do it that way because of this "law." Is that true? Maybe "lawyers" are "liars." That one is. Well, needless to say, I responded with asking the courts to grant me time because I was pregnant and ill. My doctor recommened NO STRESS, I was already on bedrest and had just got out of the hospital when I was served. Pre-term labor. Yeah, my soon-to-be ex-husband is one "prized-pig." Anyway, now his friend-a lawyer-has decided not to help him pro-bono. So neither of us has an attorney, and neither of us can afford one. The case is in limbo. I filed for Child Support, but the Texas Attorney General can't do anything until the courts/judge decree the custody/support issues, but I can't do that until we continue the case, which I can't do until I get an attorney, which I can't do because I can't afford one. What do I do?

1. What law was passed in 2005 regarding divorce while pregnant?
2. How do I get the divorce process started without a lawyer?

turbowray
07-02-2006, 04:16 PM
I need help. I am in texas and my husband had me served with a petition for divorce on the last day of August 2005, while I was pregnant. I asked him why he didn't wait until after the baby was born. He said something along the lines of some law that was going to be passed in a few days. WHAT LAW? Does anyone out there know what law was passed in Sep. 2005 in regards to getting a divorce while the wife is pregnant? I have searched online but can't find anything. Let me also mention that the petition stated that "no child was born, or is expected" from the marriage. They both new good, and well, that I was going on 7 months pregnant. Would that void the petition, do we start over, in my opinion the lawyer shouldn't have done that, that is a lie! My soon-to-be ex said that they needed to do it that way because of this "law." Is that true? Maybe "lawyers" are "liars." That one is. Well, needless to say, I responded with asking the courts to grant me time because I was pregnant and ill. My doctor recommened NO STRESS, I was already on bedrest and had just got out of the hospital when I was served. Pre-term labor. Yeah, my soon-to-be ex-husband is one "prized-pig." Anyway, now his friend-a lawyer-has decided not to help him pro-bono. So neither of us has an attorney, and neither of us can afford one. The case is in limbo. I filed for Child Support, but the Texas Attorney General can't do anything until the courts/judge decree the custody/support issues, but I can't do that until we continue the case, which I can't do until I get an attorney, which I can't do because I can't afford one. What do I do?

1. What law was passed in 2005 regarding divorce while pregnant?
2. How do I get the divorce process started without a lawyer?
I would get a lawyer immediately! It sounds like hes trying to get out of paying you child support,or alimony? I would contest the order in divorce court on the grounds that you are pregnant. I know that,the courts look at the husband as the father,if you get pregnant,at the time of your marriage. I don't know much more than that,but yes i would fight it indeed! See a lawyer,and see why they are so determined to do this now! I would also try to file for some sort of state assistance,put him on the record with them,that he is the father,they will try to get some money back from him,if they help you with anything other than food stamps,I believe. He would either have to pay up,or he would have to deny being the father,which at that point,they would pay for a paternity test,so they can get the money back from him. Then at least somewhere you have it down that he is the father. This is what I would do in Oregon. Has the court ok'd the extension of the court date? If so,I would try to find a lawyer that works pro bono,or at a reduced rate,it sounds like you would benefit from it! You might want to try to find a womans group,that helps women,with unborn children,help you with your fight for child support and alimony? I hope another senior member comes along with some information. Mommyof4 may have some information? I think she is from Texas,and has legal knowledge on this also! Try to find her if she doesnt find you!! Good luck to you!

confused232
07-02-2006, 05:30 PM
In Texas, new laws passed during the legislative session go into effect on September 1st of each year. So, this makes sense, but I am not aware of any new law dealing with this subject that went into effect on last September 1. I will try to look into that later.

But, I really think mommyof4 or ceara would be able to help you ALOT better than me.

Good luck and I hope everything works out.

ceara
07-02-2006, 09:52 PM
I need help. I am in texas and my husband had me served with a petition for divorce on the last day of August 2005, while I was pregnant. I asked him why he didn't wait until after the baby was born. He said something along the lines of some law that was going to be passed in a few days. WHAT LAW? Does anyone out there know what law was passed in Sep. 2005 in regards to getting a divorce while the wife is pregnant? I have searched online but can't find anything. Let me also mention that the petition stated that "no child was born, or is expected" from the marriage. They both new good, and well, that I was going on 7 months pregnant. Would that void the petition, do we start over, in my opinion the lawyer shouldn't have done that, that is a lie! My soon-to-be ex said that they needed to do it that way because of this "law." Is that true? Maybe "lawyers" are "liars." That one is. Well, needless to say, I responded with asking the courts to grant me time because I was pregnant and ill. My doctor recommened NO STRESS, I was already on bedrest and had just got out of the hospital when I was served. Pre-term labor. Yeah, my soon-to-be ex-husband is one "prized-pig." Anyway, now his friend-a lawyer-has decided not to help him pro-bono. So neither of us has an attorney, and neither of us can afford one. The case is in limbo. I filed for Child Support, but the Texas Attorney General can't do anything until the courts/judge decree the custody/support issues, but I can't do that until we continue the case, which I can't do until I get an attorney, which I can't do because I can't afford one. What do I do?

1. What law was passed in 2005 regarding divorce while pregnant?
Off hand, I can't think of any that would have had any affect on your situation. It sounds like a ploy on his (and/or his attorney) part to try and give your husband better footing in the proceedings. If that is the case, it wouldn't have worked. At this point though, it's irrelevant and has no effect over what you should do to proceed with the divorce.


2. How do I get the divorce process started without a lawyer?
If neither of you can afford an attorney, the best course of action would be for your husband to withdraw the original petition and for one of you to file a new petition.

There ARE drawbacks to this. The "date of separation" will no longer be August 2005. That means it would be very unlikely that a judge would award child support retroactive to the birth of the child, even if you have been apart this entire time.

There is also a very real possibility that the judge in your county will not allow the divorce to move forward, even if the original petition is withdrawn and a new petition is filed, without at least one of you being represented by an attorney. When there is a child involved, it is not just the rights of the adults that are at stake.

I was VERY well aware of how to handle the entire divorce process on my own, however, I was still required to obtain legal services for the children. I hired a private attorney (actually I went through 3 lawyers, but that's another story).

http://www.ptla.org/links/services.htm
This site list all legal aid services in the US. Scroll down to Texas and find the proper office for your county. It can take a while going through legal aid, but at this point, it is your best option.

http://www.texaslawhelp.org/TX/StateSubTopics.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/TX/TextOnly/N/ZipCode/%20/LoggedIn/0/iTopicID/495/sTopicImage/familyjuvenile.gif/bAllState/0
This is a great site for those that want to try and handle the matter without a lawyer. There are free legal forms for Texas and a LOT of information about representing yourself in court.

Read though the information and if you decide that you DO want to try and proceed on your own, send me a private message and I'll try to help you out in anyway I can, but hiring an attorney (or going through legal aid) is the BEST option.

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