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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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Texas divorce. Jury trial divorce. Ongoing for 2 yrs. A guy

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Texas divorce. Jury trial divorce. Ongoing for 2 yrs.
A guy i know is in a divorce. He and his spouse are seperated and living apart for 2 yrs now. They have joint managing conservatorship. And 50/50 custody. They are both seeking full custody.
He arrived to pickup thier son at the exchange and learned that his spouse is 3 months pregnant with a different mans baby. She told him she is thru with the guy and she plans to carry the child to birth.

What are the implications on his divorce bec of this?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

In Texas, a judge will not grant a divorce is the wife is pregnant. It is not relevant that the child is not the husband's. They will have to wait until the child is born, so the judge can enter a finding that the child does not belong to the husband and enter orders concerning the child. The judge may also require a paternity test. He can choose to volunteer to take the test in order to avoid having to pay child support.

They can still create a separation agreement that resolves all of the issues and file it with the judge. If they agree on everything, the judge will enter the divorce decree after the child is born. If they're asking for a jury trial, the trial will not happen until after the wife gives birth.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.
I think i forgot to include a piece. They have a 3 yr old son. Now she showed up 3 months pregnant.

They just got out of mediation 3 months ago. And it got nowhere.

So with the final jury trial hearing next, it will be postponed until she gives birth? I also forgot to say that they talked for sometime and she was telling him about it being anouther mans, but she wouldnt tell him the guys name, but the husband was voice recording everything she said, bec in texas its legal to record.

Does this change your answer?
Unfortunately, neither of those things changes the answer. If the judge has already entered a temporary order for their child, it remains in effect until the final trial. But the judge will not enter a divorce while the woman is pregnant, even if both parties state that the husband is not the father.
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