Getting Divorced While Pregnant in Texas

Pregnancy and divorce are each life-changing on their own. Facing both at once can feel overwhelming. If you live in New Braunfels or elsewhere in Comal County and are pregnant, or your wife is pregnant, you can still start a divorce. Texas law simply adds a few rules that affect timing and what the decree must cover. A divorce attorney can help you protect yourself and the baby while the case is pending.

Yes, You Can File for Divorce While Pregnant

There is no rule that you must wait until after the birth to file. Many people choose to file during pregnancy so that:

• Temporary orders can address housing, bills and health insurance
• Property and debt issues can be negotiated in the meantime
• The case is ready to finalize soon after the baby arrives

Texas divorce petitions ask whether the wife is pregnant. Answer honestly. Leaving out a pregnancy can create serious problems later, including a decree that does not address a child of the marriage.

Why the Divorce Usually Isn’t Finalized Until After Birth

A Texas divorce decree must resolve conservatorship, possession and child support for every child of the marriage. A baby who has not yet been born cannot be included in those orders, and Texas courts generally will not sign a final decree that leaves a child of the marriage unaddressed.

As a result, most courts will not grant the final divorce until the child is born. The 60-day waiting period still applies from the filing date, but in practice the pregnancy often becomes the longer wait.

Paternity: The Presumption of Fatherhood

Under Texas Family Code § 160.204, a husband is presumed to be the father of a child born during the marriage. The presumption also generally applies to a child born within a period after the marriage ends.

In most divorces, this presumption reflects reality and nothing more needs to be done. But if there is any question about whether the husband is the biological father, it must be raised in the divorce. Once a decree names the husband as the father, challenging it later becomes much harder.

If parentage is disputed, the court can order genetic testing after the birth. Paternity challenges generally must be brought within four years of the child’s birth under § 160.607, with limited exceptions. Our page on divorce when the wife has a child by another man explains the options in more depth, and our paternity page covers parentage generally.

Support and Medical Costs During Pregnancy

Child support for the baby is set in the final decree, after birth. While the case is pending, though, the court can make temporary orders that may address:

• Who stays in the family home
• Who pays the mortgage, rent and utilities
• Continuing health insurance coverage for the pregnant spouse
• Use of vehicles and other property
• Payment of certain debts

Keeping health insurance in place during pregnancy is often a top priority. Where a standing order applies, it commonly prohibits either spouse from canceling insurance coverage while the case is pending. Ask the district clerk whether a standing order applies in your county.

Spousal maintenance after divorce is available only in limited circumstances under Texas law. See spousal maintenance.

Planning Conservatorship and Possession for a Newborn

Because the baby will be under 3, Texas courts set a possession schedule suited to the child’s age rather than automatically applying the standard schedule. Arrangements for an infant often involve more frequent, shorter periods of possession that increase as the child grows. Parents can agree on a step-up plan that changes at set ages. Our page on children under three explains how courts approach this.

Parents should also consider:

• Who will be present at the birth and the hospital
• The baby’s name and the birth certificate
• Health insurance enrollment for the newborn
• Child care and parental leave

When Safety Is a Concern

If you are pregnant and experiencing abuse or threats, your safety comes first. A protective order can provide legal protection, and family violence can also affect the 60-day waiting period and conservatorship decisions. Call 911 in an emergency.

Divorce During Pregnancy for New Braunfels and Comal County Families

Pregnancy cases follow the same filing steps as any other divorce. If you live in Comal County, the petition is filed with the Comal County district clerk; if your home is on the Guadalupe County side of New Braunfels, it goes to Guadalupe County. Because the timing depends on the due date, it helps to plan the case around it, such as completing mediation on property issues before the birth so that the final decree can be signed soon after.

If the Baby Arrives Before the Divorce Is Filed

Some couples separate during pregnancy but do not file until after the birth. That is fine. The petition will simply list the newborn as a child of the marriage, and the decree will include conservatorship, possession and support from the start. If paternity is uncertain, the petition should say so, and the court can order genetic testing early in the case. Keep in mind that the paternity challenge deadline starts running at birth, not at filing.

Practical Steps to Take Now

1. Keep copies of financial records and insurance information.
2. Keep your prenatal care on schedule and keep medical bills organized.
3. Avoid moving out of state, which can complicate jurisdiction.
4. Communicate respectfully and in writing where possible.
5. Talk with a lawyer before signing any agreement about the baby.

Talk With a New Braunfels Divorce Attorney

Divorcing during pregnancy takes careful planning, and you should not have to figure it out alone. New Braunfels Family Law helps clients in New Braunfels, Comal County and nearby counties through every stage. Call (830) 302-4071 for a free, confidential consultation. Se habla español.

Last reviewed November 13, 2026. General information only, not legal advice.