How Could Pregnancy Affect Your Illinois Divorce?

 Posted on August 21, 2024 in Family Law

When you take two challenging life events, like pregnancy and divorce, and put them together, the situation can be overwhelming. Aside from not wanting to wait nine months to get divorced, there are many situations that make a divorce while pregnant necessary. Five states currently prevent pregnant wives from divorcing, including Arizona, Missouri, Arkansas, California, and Texas. In four of those five states, a couple may file for divorce while one partner is expecting a baby but must wait for the birth for the divorce to be finalized because of paternity, child custody, and child support issues.

Nine additional states leave the fate of a couple wishing to divorce during pregnancy up to family court judges, many of whom will not sanction divorce petitions during pregnancy. Illinois has its own laws and regulations surrounding divorce when a pregnancy is involved, so expectant parents must understand their rights and responsibilities. If you are facing such a situation, it is important that you speak to a knowledgeable Bloomingdale, IL divorce attorney who can help you understand Illinois divorce laws.

Does Illinois Have Laws Against Divorcing While Pregnant?

Although the state of Illinois has no specific laws that prohibit a couple from filing for divorce when one spouse is pregnant, there will be special considerations thanks to custody and support implications involving the unborn child. The court will first determine whether the unborn child is the natural child of the marriage. If the husband is not the father of the child, a finding of non-paternity will be made. In this case, the divorce can proceed as it normally would, and the unborn child will not be a factor.

Can Child Custody Really Be Determined for an Unborn Child?

Child custody can be determined before a baby is born although some issues may need to be re-addressed after the birth. If the husband is the father of the child, the normal factors used when determining child custody will be considered, such as:

• The emotional, mental, and physical well-being of both parents   
• Whether each spouse is willing to engage in cooperative co-parenting
• If a history of substance abuse or domestic violence exists for either spouse
• The ability of each parent to provide for the child, both physically and emotionally

The expected due date of the baby will be a factor in determining custody arrangements. All the current and expected pregnancy-related costs will need to be fairly divided between the spouses. At this point, there are many unknowns. The baby could be born with special needs, which can change custody, child-care expenses, medical expenses, and child support amounts.

What Additional or Unusual Issues Are Parents of an Unborn Child Likely to Encounter?

Child custody, child support, and the preparation and implementation of a parenting plan can be fraught with stumbling blocks. When you add in an unborn child, the following challenges may also occur:

•  Simplified divorce is not available for couples with children or with a child on the way.
• Allocation of parental responsibilities and the determination of child support could result in extra delays when the baby has not yet been born.
• If the parentage of the baby is in question, steps may need to be taken to verify paternity through DNA testing or by having the biological father voluntarily acknowledge paternity.
• Modifications will almost certainly occur after the baby’s birth. 
• Parenting plans and allocation of parental responsibility are much more difficult to determine for newborns, particularly before their birth.

Expectant parents are unlikely to have a solid grasp of how a newborn will turn their lives upside down. This can necessitate making changes to decisions that seemed sound at the time.  

Contact a DuPage County, IL Divorce Lawyer

During this emotionally difficult time, it is advisable to consult with a skilled Naperville, IL divorce lawyer from Mevorah & Giglio Law Offices. With more than 175 years of combined experience in all family law issues, we offer client-focused service and frequent communication. Contact Mevorah & Giglio Law Offices at 630-932-9100 to schedule a free consultation.