Does Being Pregnant Change the Divorce Process in Illinois?

 Posted on October 18,2021 in Divorce

The prospect of divorce in Illinois brings with it a host of questions and issues that must be resolved. Because pregnancy also raises complex questions and difficulties, it is no wonder that getting divorced while one spouse is pregnant presents unique concerns.

People who are considering divorce but are unsure of how a pregnancy would change the process often have many questions. In this blog, we will answer some of the most common questions about combining these two important processes, but readers should keep in mind that a qualified Illinois divorce attorney is the best person to go to for help.

Is a Simplified Divorce Available to Pregnant Couples?

Many young couples who have not been married for long and who do not share complex assets can file for a simplified divorce, which is generally easy, faster, and less costly than a contested divorce. But simplified divorces are only available to couples who do not have children or who are not pregnant.

A successful pregnancy turns into a child, and parents must resolve child-related issues during divorce. Some judges will require a couple to wait to finalize the divorce until the child is born and parents can make informed decisions about parental responsibilities, parenting time, and child support. It can be difficult to accurately assess how parents will feel before the child is born, and parents may regret giving away certain rights once the child is actually present.

What if a Man Other Than the Spouse is the Father?

All of the above information pertains to couples who are pregnant when the husband is the father. A wife’s husband is presumed to be the father of the pregnancy. But if another man is the father, a couple may still file for a joint simplified divorce and the child’s alleged father can sign a Voluntary Acknowledgement of Paternity when the child is born. Doing so will make that man, rather than the wife’s husband, responsible for the child, including child support. If there is doubt as to the paternity of the child, this can be resolved through genetic testing during or after the pregnancy.

Speak with a Joliet Family Law Attorney

If you are pregnant and considering divorce, you may feel nervous, confused, or even frightened. At Reeder & Brown, P.C., our attorneys will take your concerns seriously and handle your case with compassion and complete confidentiality. We will go through your options and their likely consequences so you can feel confident in your decisions. Schedule a free initial consultation with one of our experienced Will County, IL divorce attorneys and find out how we can help you.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000