Can I Get a Divorce if I Am Pregnant?

 Posted on October 06, 2021 in Illinois Divorce

Pregnancy is supposed to be a joyous time full of expectation and excitement. Unfortunately, life does not always turn out how we expected. Some pregnant women find themselves in a marriage that they no longer wish to be a part of. If you are currently pregnant and you wish to divorce your spouse, you may have questions. Can you get divorced while you are pregnant in Illinois? How does pregnancy impact the divorce process? Will the father automatically be considered the child’s parent? How are child support and child custody handled in a situation like this?

Illinois Law Regarding Divorce and Pregnancy

In 2021, there is only one ground for divorce in Illinois: irreconcilable differences. As long as you meet the residency requirements and can assert that irreconcilable differences have led to the marriage’s breakdown, you will be granted a divorce. This is true regardless of pregnancy. However, there are ways in which pregnancy can impact divorce issues.

Child Custody Concerns and Pregnancy

Illinois law presumes that a woman’s husband is her child’s father. Of course, extramarital affairs happen every day and this is not always the case. If your baby’s father is your current husband, he will have the same parental rights as any other father after divorce. Unless there is sufficient evidence that he is an unfit father, he will have the right to pursue parenting time (previously called visitation.) Furthermore, you will have the right to pursue child support.

If your current spouse is not the child’s father, the situation becomes more complicated. Because he will be the presumed father, your spouse may need to take steps to relinquish parental rights. This may require DNA paternity testing. Children may only have two legal parents. So, the child’s biological father cannot establish his paternity until the presumed father relinquishes his parental rights.

Contact a St. Charles Divorce Lawyer

If you are currently pregnant and you want to divorce your spouse, it is important to consider how the pregnancy can impact the divorce. For some, waiting until the baby is born before filing for divorce is the best way to handle the situation. For others, the divorce cannot wait. Only you know what is right for you.

For dependable legal advice and representation during your divorce, contact the knowledgeable Kane County divorce attorneys at Weiler & Associates, Inc.. We can help you with the division of assets and debts, child custody, child support, paternity concerns, and much more. Call 630-331-9110 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59