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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely, This one is going to sound more suited to a soap opera

Resolved Question:

Ely,
This one is going to sound more suited to a soap opera than a courtroom, but it is something she may pull, so i have to ask. She has had hysterical pregnancy's before, so just on the off chance that this is one or she miscarries and gets pregnant right away, or some weird combination of the two, what happens to our hearing date?
In short, what if she is still pregnant (either still or newly pregnant) when October comes around? Is there special circumstances or would teh hearing need to be postponed again?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend and thank you for requesting me.

She has had hysterical pregnancy's before, so just on the off chance that this is one or she miscarries and gets pregnant right away, or some weird combination of the two, what happens to our hearing date?

If that actually happens and she has a medical occurrence, be it real or pseudo-real, then her attorney can likely get a continuance based on a possible medical situation and the matter may be postponed if the Judge sees it as good reason - the Judge has ultimate discretion here.

In short, what if she is still pregnant (either still or newly pregnant) when October comes around?

Simply still being pregnant is not enough - her attorney would have to show that she is having a medical issue, be it real or perceived, in order to postpone the date.

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Customer: replied 1 year ago.

Ok, so why did we have to postpone the final hearing until she delivered the current baby (June/july)? If just being pregnant is not a bar, then why? I thought that Texas law was such that if she is pregnant we had to wait. I am just trying to clarify.

Expert:  Ely replied 1 year ago.
Oh gosh I am sorry, that's right, this is a divorce.

If just being pregnant is not a bar, then why? I thought that Texas law was such that if she is pregnant we had to wait.

Correct. Texas mandates that the wife is pregnant, the Court proceed very careful and in many cases, the Judge will simply postpone the trail until after birth so as to make sure and adjudicate as to who the father is.

In the end, it is the Judge's call. I really cannot say here, I am sorry to say. But if she got pregnant after the divorce was filed and you are obviously not the father, then it is unlikely that a continuance would be given, unless for health reasons.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89128
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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