Pharr, TX Divorce Law Firms & Lawyers

Sounds to me as if you should have stopped taking your spouse's word for it some time ago and filed your own divorce. Your question appears as a Texas question, and if Texas has jurisdiction you can file from your duty station anywhere in the world. But alas, in Texas you will have a very, very difficult time getting a judge to sign off on a divorce while you're pregnant.

This is a case where federal law dictates the answer.  Under the Internal Revenue Code, the parent who is the primary custodian gets to claim the children.  Sometimes in divorce cases we make provisions regarding who gets to claim them, but the federal government doesn't care one bit about what a State court rules. So, to answer your question, it sounds like you get to claim them under federal law.  You may, because you are a nice person, allow her to claim them, but that is solely your decision.  If you both claim both children, then ultimately, when the IRS flags your returns, you sir would win the battle.  At least that is my understanding of how that works. Good luck.