The decision to end your marriage is never an easy one, but your situation may be even more complex if you or your wife is pregnant, and one of you is contemplating divorce. You might even wonder if it’s possible to initiate divorce proceedings in Illinois when there is an expectant child – especially when the case may not even be complete before the child’s birth. You also might have questions about how a divorce affects paternity, which is a concern when the pregnancy was the result of infidelity.
It may be a relief to know pregnancy does NOT affect your choice to file for divorce, so there’s no legal reason you can’t move forward with legal proceedings. You should trust your Chicago divorce lawyer to handle your case and any paternity issues, but read on for some basic information.
Pregnancy and Illinois Divorce Requirements
Under Illinois’ statute on dissolution of marriage, one’s pregnant status doesn’t affect either spouse’s right to file for divorce. Still, there are requirements to file for and be granted divorce, including:
- You need to show that either you or your spouse is a resident of Illinois, or is stationed in the state for military duty;
- You must explain that irreconcilable differences have led to an irreparable breakdown of your marriage, commonly known as “no-fault” divorce;
- Efforts to resolve your differences have not been successful; and,
- Additional efforts to reconcile would not be in the best interests of your family.
Paternity Issues for Divorcing Parents-to-Be
In addition to asset division and alimony, issues related to minor children are a major part of Illinois divorce cases. You must address child support, as well as allocation of parental responsibilities and parenting time – i.e., custody and visitation. The requirement applies to an unborn child just as it does to other minor children, although certain of these issues may not be decided until after a child’s birth. Illinois law presumes a child who was conceived within the confines of marriage is the offspring of the woman’s husband, so you would cover these issues in the divorce process.
However, the proceedings are different if there are allegations the child is NOT the offspring of the wife – whether made by wife, the husband, or the purported father. It may be necessary to resolve the issue through paternity proceedings, which typically involve DNA testing to establish who is the biological father. An official determination of parentage will trigger rights and responsibilities for the father, including child support, visitation, and custody when the baby is born. When the father is not the husband, the proceedings will be separate from your divorce.
Contact a Chicago Divorce and Paternity Lawyer for More Information
If you’re pregnant and contemplating divorce, it’s important to understand you can file and proceed through the process without legal restrictions – though you may encounter some challenges regarding paternity issues. For more information on how an attorney can assist with your case, please contact the Chicago, IL offices of Michael C. Craven at (312) 621-5234 or via our website. We can schedule a consultation to review your circumstances and work out a divorce strategy.
