Sometimes filing for divorce is necessary when a marriage is irreparably damaged. However, if you are pregnant and thinking about divorce, you should remember several important factors before filing the papers. If you decide to divorce during your pregnancy, the Chicago divorce attorneys at Michael C. Craven can help you.
You Do Not Need Grounds For Divorce In Illinois
You do not need a reason to file for divorce anymore. The “grounds for divorce” were eliminated and replaced by one option: irreconcilable differences. In Illinois, you only need to prove the following to file for divorce:
- Irreconcilable differences caused the marriage to break down
- Efforts to resolve the situation failed
- Future efforts to reconcile would not be in your best interests or that of your family
Potential Complications
If you need to get divorced while pregnant, you should; your pregnancy status does not affect your right to a divorce in Illinois. However, Illinois law assumes the husband to be the father of the child born in a marriage. So, the father is legally required to provide child support and usually has the right to child visitation and some role in parental decisions.
If there are questions about who the child’s father is, you may need to verify paternity with a DNA test. Or, the biological father can voluntarily acknowledge he is the father. Establishing paternity offers both parents parental rights and lets the child benefit from child support from both parties.
No Simplified Divorce
Some married couples in Illinois can file for a simplified divorce. But this is not an option if you have children or are expecting a child. So, the divorce proceedings will take longer to complete and may be more complex.
More Chances Of Child Custody And Divorce Modifications
A benefit of divorce is you receive closure by ending the marriage once and for all. However, being pregnant can lead to complications that must be addressed after the divorce is final. For instance, after the child is born, the parents may need to modify the divorce decree to deal with child support and custody.
Potential Divorce Delays
Many issues could arise if a divorce happens during pregnancy. For instance, it may be more practical to finalize the divorce after the child is born. That way, you may have a more complete understanding of the requirements for parenting time, parental responsibilities, and child support.
Emotional Consequences
Besides the potential legal complications, divorce is usually an immense emotional strain, magnifying it. Depending on the situation with your spouse and your relationships with your family, it might make sense to give birth first and handle the divorce later. On the other hand, you may feel better by getting divorced immediately while pregnant to begin the healing process sooner.
Frequently Asked Questions About Pregnancy During Divorce in Illinois
Can You Get Divorced in Illinois While Pregnant?
Yes. Illinois law allows a divorce to proceed even if one spouse is pregnant. However, while the court can address property division, spousal maintenance, and many other divorce-related matters, final decisions regarding child custody, parenting time, and child support are typically delayed until after the child is born. This is because courts need accurate information about paternity and the child’s needs before issuing final orders related to the child.
How Does Pregnancy Affect the Timeline of a Divorce?
Pregnancy can extend the overall divorce timeline when issues involving the unborn child are involved. In many cases, the court may enter a judgment of dissolution that reserves child-related issues until after the birth. Alternatively, the divorce itself may be delayed until the child is born so that all matters can be resolved at once. The specific approach depends on the circumstances of the case and the preferences of the court.
Who Is Presumed to Be the Father Under Illinois Law?
Illinois law presumes that a husband is the legal father of a child conceived or born during the marriage. This presumption applies even if the spouses are separated or in the process of divorcing at the time of conception. The presumption of paternity can be challenged, but doing so requires legal action and, in many cases, genetic testing after the child is born.
Can Paternity Be Disputed During the Divorce?
Paternity may be disputed, but courts typically wait until after the child is born to address this issue. Genetic testing cannot be completed until birth, and Illinois courts generally prefer to resolve paternity before entering final orders related to custody or child support. If paternity is successfully challenged, the court will determine the biological father’s rights and responsibilities under Illinois law.
Will the Court Decide Custody and Parenting Time Before the Baby Is Born?
No. Illinois courts do not issue custody or parenting time orders for an unborn child. Decisions regarding allocation of parental responsibilities and parenting time are made after birth, once paternity is established and the court can evaluate the child’s best interests. After the child is born, parents may be required to submit a parenting plan addressing decision-making authority and parenting time.
How Is Child Support Handled When a Divorce Involves Pregnancy?
Child support cannot be formally ordered until the child is born. However, Illinois law allows courts to address certain pregnancy-related expenses. These may include medical costs associated with prenatal care, childbirth, and health insurance coverage. Once the child is born, child support will be calculated using Illinois’ income shares model, taking into account both parents’ incomes and parenting time.
Can Pregnancy Impact Spousal Maintenance or Property Division?
Pregnancy does not directly change how marital property is divided, as Illinois follows an equitable distribution model. However, pregnancy may indirectly affect spousal maintenance decisions, particularly if it impacts one spouse’s ability to work or earn income. Courts may consider the financial needs and circumstances of each spouse when determining whether maintenance is appropriate.
When Should You Speak With an Illinois Family Law Attorney?
Pregnancy during divorce presents unique legal and emotional challenges. Consulting with an experienced Illinois family law attorney can help protect your rights, clarify expectations, and ensure that all legal requirements are properly addressed before and after the child is born.
Contact Our Chicago Divorce Attorneys
If you are pregnant and in the middle of a divorce, there are ways to protect your rights and those of your child. Our attorneys understand the complex issues that may arise when you get a divorce while pregnant. Contact our Chicago divorce attorneys at Michael C. Craven for help with your case at (312) 621-5234.
