Among the first recommendations your lawyer might make to you as you initiate divorce proceedings is to refrain from moving on too soon. There are many emotional reasons for this, but there are also a number of legal reasons as well. Primary among these is the potential for an unexpected pregnancy.
No matter who the biological father is, a new set of legal challenges present themselves when a woman becomes pregnant while still legally married. Not least among these is that most courts will not finalize a divorce until after the birth of the child.
As is the case in many other states, if a couple is still married when the wife becomes pregnant, under Texas law, a woman’s husband is legally presumed to be the father. Delaying approval of the final divorce decree until after the birth will allow true paternity to be determined, and all support and custody decisions to be made.