Obtaining an Illinois Divorce While Pregnant

 Posted on October 24, 2017 in Divorce

The number of concerns couples have while going through a divorce is overwhelming, regardless of the circumstances that led to the split. When facing the additional pressure of experiencing a pregnancy during the process, however, an already complicated situation can instantly become more challenging for all parties involved, especially when attempting to consider the current needs of the family as well as the future needs of the little one on the way.

How Does Pregnancy Affect Divorce in Illinois State?

One of the biggest questions that expectant parents have when facing the decision of divorce is whether or not the pregnancy will affect the divorce filing process, and vice versa. Here are some factors that every expecting parent should consider when determining whether or not a divorce while pregnant is the right choice for their family:

Pregnancy does not prevent you from divorcing - There are no state laws that forbid you from obtaining a divorce because you are pregnant. You are by no means trapped and you may end your marriage at any time. There are certain areas your divorce will impact in terms of your pregnancy, such as child support, parenting time, and the allocation of parental responsibilities. For this reason, some expecting mothers who wish to divorce opt to hold off until after the baby is born to complete the divorce, as paternity laws in marriage help govern important issues such as these parental responsibilities.

Paternity matters - Paternity matters when it comes to your child’s rights. According to state law, if a mother conceives a child while married, the man she is married to is legally the presumed father of the child. This means the child will have certain rights, including special benefits, such as financial and medical support, as well as Social Security and other possible inheritance benefits. Establishing paternity for a child while still married also protects some basic rights of the parents, such as accessing the child’s medical records.

Emotional toll - Legal matters aside, the emotional strain a divorce can have on parents while experiencing pregnancy can, for some, prove be too stressful. Depending on the circumstances surrounding your home environment and your existing relationships with your family members, taking things one step at a time - giving birth first, then handling the legal aspects of your divorce later - may be more beneficial for your mental health. Likewise, you may find you feel better completing the divorce right away, while you are still pregnant, so you can begin the healing process sooner.

If you find yourself pregnant and in the midst of a divorce, learn how you can protect your rights and the best interest of your new baby by speaking with a knowledgeable Naperville, Illinois divorce attorney. Call J. Aldrich Law, P.C. today at 630-953-3000 today for a free consultation.

Sources:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K452