What Happens if You Lie About Pregnancy During Divorce in Texas?
You cannot get a divorce while pregnant in Texas. If you lie about a pregnancy during a divorce in Texas, it can have serious legal consequences and affect the divorce settlement.
A family law attorney from our firm can help resolve issues related to divorce during pregnancy. We serve clients in Dallas and the surrounding area.
Understanding Legal Implications of Divorce During Pregnancy
Texas is one of a handful of states that will not grant a divorce during pregnancy. Therefore, going through a divorce while pregnant can have significant legal implications.
If the husband is the child’s biological father, a court will not issue a final divorce decree until the child is born. The final divorce decree will also need to contain orders for child custody and child support. If the husband is not the biological father, the child must be born and their paternity established before the court will finalize the divorce.
When the husband is not the biological father, paternity is established in one of two ways: a Voluntary Acknowledgment and Denial of Paternity or a court order. With the first option, the biological father signs an Acknowledgement of Paternity (AOP) and the husband signs a Denial of Paternity (DOP). Once the parties sign and file these documents with the court, the biological father has parental rights and the husband no longer has parental obligations.
If the parties do not agree to sign, the court can order DNA testing to determine paternity. Once determined, the court will sign a paternity order, known as Order Adjudicating Parentage.
If any party lies about paternity or pregnancy during divorce, it could result in criminal perjury charges.
Legal Consequences of Lying About Pregnancy During Divorce
A divorce is an official court proceeding. It requires that you file documents with the court and that you attest that the information in the documents is correct to the best of your knowledge. You will also need to attend a divorce hearing in court, where you may have to testify under oath.
If you or your spouse lies on court documents or in court, you could face perjury charges, according to Texas law. Perjury is punishable by fines and jail time.
Furthermore, if the judge finalizes the divorce and you or your spouse finds the other lied about a pregnancy, they can reopen the divorce case. The court could issue a new divorce decree that grants the deceitful party fewer parental rights and less child or spousal support.
Identifying and Responding to False Pregnancy Claims
If you believe your spouse is concealing a pregnancy or making false pregnancy claims, it can significantly affect your divorce. If you find yourself in this situation, it is best to be proactive.
Steps to Take if You Suspect Your Spouse Is Lying
If you suspect your spouse of lying about a pregnancy during divorce in Texas, you can ask the court to order them to provide medical verification of the pregnancy, such as an ultrasound or medical test results. If you believe your spouse is lying about the child’s parentage, you can ask the court to order a DNA test to prove paternity after the child is born.
The Role of Evidence and Legal Representation
Evidence is essential for verifying a pregnancy and paternity. A Dallas divorce attorney with our firm can help you get the information you need if you are seeking a divorce and you believe there are false claims regarding a pregnancy. Proof may include:
- Medical records
- Evidence of conflicting statements regarding the pregnancy
- Testimony from doctors and medical professionals
- The results of a court-ordered independent medical examination
Impact on Divorce Proceedings and Outcomes
There are numerous ways a pregnancy or lies about a pregnancy can affect a Texas divorce case, including changing the terms of your divorce settlement.
If you and your spouse do not already have minor children together, a pregnancy during divorce can make the process more complex. You will now have to consider custody and child support issues that previously were not a factor.
Pregnancy during divorce can influence:
- The Timing of the Divorce – Texas will not allow you to get a divorce if you or your spouse is pregnant. Though you can work out the details of the divorce during the pregnancy, the court will not grant a final divorce decree until the baby is born. Therefore, a pregnancy can prolong a divorce proceeding.
- Spousal Support (Alimony) – The court expects honesty from all parties involved in a case. If you or your spouse lies about a pregnancy, it damages your credibility with the judge, who may award the deceitful party less spousal support as a consequence.
- Child Custody and Child Support – You will need to create a child custody arrangement and determine child support for the unborn child. Damages to credibility can affect a judge’s decisions when determining these matters. Additionally, if there are lies regarding a child’s paternity, it could relieve or impose parental obligations on the husband.
- The Division of Property and Assets – Again, a judge may be less inclined to divide property and assets in favor of a party who has lied to the court.
Contact Divorce Attorneys at Balekian Hayes, PLLC Today
Divorce is already a stressful and emotionally charged situation. When you add in lies about a pregnancy, it can lead to additional complications and contention that can make the process even more difficult. Balekian Hayes, PLLC is here to help. Our divorce attorneys in Dallas can assist with proving matters regarding pregnancy and paternity. We can seek a resolution to your divorce that protects you, your parental rights, and your future.
Our Dallas family law firm focuses on complex divorce cases and divorces involving high-net-worth individuals. We are committed to delivering personalized legal services tailored to the individual needs and goals of our clients. We can represent you with clarity, empathy, and a strategy that prioritizes your well-being.
To learn more, contact us online or call today to arrange a consultation with our Texas family law attorneys.