Sometimes filing for divorce is necessary when a marriage is irreparably damaged. However, if you are pregnant and thinking about divorce, you should remember several important factors before filing the papers. If you decide to divorce during your pregnancy, the Chicago divorce attorneys at Michael C. Craven can help you.
You Do Not Need Grounds For Divorce In Illinois
You do not need a reason to file for divorce anymore. The “grounds for divorce” were eliminated and replaced by one option: irreconcilable differences. In Illinois, you only need to prove the following to file for divorce:
- Irreconcilable differences caused the marriage to break down
- Efforts to resolve the situation failed
- Future efforts to reconcile would not be in your best interests or that of your family
Potential Complications
If you need to get divorced while pregnant, you should; your pregnancy status does not affect your right to a divorce in Illinois. However, Illinois law assumes the husband to be the father of the child born in a marriage. So, the father is legally required to provide child support and usually has the right to child visitation and some role in parental decisions.
If there are questions about who the child’s father is, you may need to verify paternity with a DNA test. Or, the biological father can voluntarily acknowledge he is the father. Establishing paternity offers both parents parental rights and lets the child benefit from child support from both parties.
No Simplified Divorce
Some married couples in Illinois can file for a simplified divorce. But this is not an option if you have children or are expecting a child. So, the divorce proceedings will take longer to complete and may be more complex.
More Chances Of Child Custody And Divorce Modifications
A benefit of divorce is you receive closure by ending the marriage once and for all. However, being pregnant can lead to complications that must be addressed after the divorce is final. For instance, after the child is born, the parents may need to modify the divorce decree to deal with child support and custody.
Potential Divorce Delays
Many issues could arise if a divorce happens during pregnancy. For instance, it may be more practical to finalize the divorce after the child is born. That way, you may have a more complete understanding of the requirements for parenting time, parental responsibilities, and child support.
Emotional Consequences
Besides the potential legal complications, divorce is usually an immense emotional strain, magnifying it. Depending on the situation with your spouse and your relationships with your family, it might make sense to give birth first and handle the divorce later. On the other hand, you may feel better by getting divorced immediately while pregnant to begin the healing process sooner.
Contact Our Chicago Divorce Attorneys
If you are pregnant and in the middle of a divorce, there are ways to protect your rights and those of your child. Our attorneys understand the complex issues that may arise when you get a divorce while pregnant. Contact our Chicago divorce attorneys at Michael C. Craven for help with your case at (312) 621-5234.
