Can I Get Divorced While Pregnant?

 Posted on January 27, 2024 in Divorce

Some states make it a bit of a challenge for pregnant people to get divorced. Fortunately, Illinois is not one of those states. There are no laws in Illinois preventing a pregnant person from pursuing and obtaining a divorce. You are not required to wait until the baby is born to finalize your divorce, but you will likely be required to create a parenting plan. Creating a parenting time schedule and allocating responsibilities for a newborn baby can be a little more complicated than creating a parenting plan for an older child who is more independent. Although Illinois law favors neither the birthing parent nor the non-birthing parent, there may be legitimate reasons that the infant will need to spend more time with the parent who gives birth. If you or your spouse is pregnant and you are planning to get divorced, it is critical to be represented by an experienced Wheaton, IL, divorce lawyer. 

Factors in Child Custody and Newborn Babies

In Illinois, courts will always put the needs of children involved in custody cases first. This means that if you are unable to agree to a parenting plan and the court becomes involved, they will base their decision strictly on what is best for the baby. In many cases, courts will find that newborns need to be with the parent who gives birth, especially if that parent plans to chest-feed. Natural feeding is often considered the healthiest means of nourishing an infant. 

However, courts are also aware that there are cases where the gestational parent is not the most suitable guardian for the child regardless. The court will consider the physical and mental health of both parents. If the birthing parent suffers from perinatal depression or perinatal psychosis and is not caring for the pregnancy or cannot safely care for a newborn alone, the court may consider placing the child primarily with the other parent. 

Parenting Time Options for Pregnant Parents

Many parents are extremely reluctant to let a newborn out of their sight, especially if they do not trust their soon-to-be former spouse. It can also be very difficult to move a newborn baby and all of their things back and forth between two households, and setting up two nurseries can be prohibitively expensive for some parents. One option may be short-term continued cohabitation or in-home visitation. Divorcing parents may remain in the same home but stay in separate rooms so that they can divide childcare duties equally in the first few months of their child’s life. 

Contact a DuPage County, IL, Divorce Lawyer

Andrew Cores Family Law Group is skilled in helping expecting parents create a parenting plan during their divorce. Our experienced Wheaton, IL, divorce attorneys will strive to help you arrive at a parenting time schedule and allocation of parental responsibilities that meets your child’s needs. Contact us at 630-871-1002 for a complimentary consultation.