If my husband and myself got married in Virginia but are now living in Texas, which laws to divorce do we go by?

If you lived in Texas for at least the preceding six months, and in the county where you intend to file for at least 90 days that's the court that has jurisdiction over your divorce. It doesn't matter for those purposes where are you got married. The reason for the rule about not finalizing the divorce until the child is born so that you don't "bastardize" a child. That used to be a big deal. Now it's just a matter of convenience I think for the court in making a determination about who the child's father is for multiple reasons including child support, not to do in two cases with what could be handled in one. That certainly doesn't mean you can't start the divorce you certainly can. You can exchange discovery, and do pretty much everything else you would do anyway to prepare for trial if one is needed, you just can't finalize it until the child is born.

I am not sure about this pregnancy rule you recite. Who told you that? I don't recall every hearing--or reading--that! Your divorce is governed by the state in which you are resident at the time of the divorce. It doesn't matter where you got married. Why don't you go see a family law lawyer and find out what fits your facts. Good Luck d

I agree with Ms. Laster. Since Texas also has a 60 day waiting period prior to being able to finalize a divorce, starting the process could help you be ready to finalized the divorce once the child is born. All of your options and timing of the process should be discussed with your own legal counsel.

Texas as long as you have been here for the preceding six months.