Can My Pregnancy Affect My Illinois Divorce?

 Posted on August 27, 2021 in Child Custody

Knowing when to get divorced is one of the most difficult decisions a woman can make. Many factors influence the final decision, including whether there is any abuse or serious, unresolvable conflict within the marriage. Tolerating certain problems within a marriage may seem manageable to a woman, but once she finds out she is pregnant, she may realize her marriage has deteriorated to the point where she feels as though she can no longer bring a child into it.

This article discusses some of the issues women who are getting divorced while pregnant are likely to encounter. Keep in mind that this is not intended to be legal advice and that an Illinois divorce attorney is the best source for personalized, reliable divorce assistance.

Possible Paternity Disputes

When parents are married, any children born to them are legally presumed to be the biological product of both the father and the mother. However, individuals facing divorce may be involved with other partners. If a child’s paternity is in doubt, courts may require additional steps to verify that the alleged father is, in fact, the biological father. Courts may order genetic testing of the child, in which case they will wait until the child is born. This could delay the divorce proceedings.

Inability to File for Simplified Divorce

A joint simplified divorce makes it much easier and faster to get divorced. However, in order to file for a simplified divorce, a couple must not have children, not be pregnant, and not own any real estate. A couple who is pregnant during divorce is therefore likely to have longer, more complex divorce proceedings.

A judge may even order the couple to wait to finalize the divorce until the child is born. This allows parents to have a greater understanding of a sensible allocation of parental responsibilities and parenting time. It also allows parents and courts to address issues of child support more easily.

Increased Likelihood of Returning to Court

Divorce allows a couple to end their marriage, but it does not absolve them of the responsibility to work together regarding child-related issues. Once the child is born and continues to grow, divorce spouses will realize that circumstances change. For example, once a child is old enough to be in daycare, child support payments will likely go up as each parent contributes to the expenses of childcare. This will likely require a modification to the existing child support agreement.

Meet with a Wheaton, IL Divorce Attorney

Getting divorced is always stressful - getting divorced during pregnancy is even harder. But if your marriage is abusive or full of never-ending conflict, getting divorced may be the best thing you can do to protect your unborn child. If you are pregnant and considering divorce, schedule a consultation with one of the skilled DuPage County divorce attorneys at Andrew Cores Family Law Group. We can help you understand your options under Illinois law and create a plan that works for you. Call us today at 630-871-1002.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59