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Divorce, Paternity and Adultery

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SallyLee

Junior Member
What is the name of your state (only U.S. law)? Texas

In the state of Texas is it possible to get divorced if one is pregnant by either a spouse or another man?

If the child was conceived while the couple were still married and living together but there's a strong possibility the child was conceived by another, is the child still considered the spouse's progeny?

Would the spouse or the other man be considered the legal father who would be responsible for payment of child support (if there was a DNA test done after divorce if the couple can actually obtain a divorce while she's pregnant)? Or is there a mandatory waiting period before a divorce can be granted?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Texas

In the state of Texas is it possible to get divorced if one is pregnant by either a spouse or another man?

If the child was conceived while the couple were still married and living together but there's a strong possibility the child was conceived by another, is the child still considered the spouse's progeny?

Would the spouse or the other man be considered the legal father who would be responsible for payment of child support (if there was a DNA test done after divorce if the couple can actually obtain a divorce while she's pregnant)? Or is there a mandatory waiting period before a divorce can be granted?
Generally a divorce won't be finalized until after the child's birth. At this point the husband is the presumed legal father and will remain so until paternity is disestablished/established by DNA testing. Depending on the timing and actual circumstances he, Mom and the "other guy" may request testing.

Husband will be legally and financially responsible for the child as long as he is still the legal father.
 

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