Can I Get Divorced Even if I Am Pregnant? 

 Posted on September 22, 2022 in Divorce

Kane County Divorce LawyerUnfortunately, life is unpredictable and rarely works out according to plan. If you are pregnant and considering divorce, you probably never expected to be in this position. You may be unsure of whether divorce is the right option or even possible in this situation.

There is no one-size-fits-all answer to this question, as every pregnancy and divorce is unique. However, it is generally possible to get divorced while pregnant in Illinois. Whether or not it is the best option for you, however, depends on your individual circumstances.

Divorce Requirements in Illinois

There is no law preventing a spouse from getting divorced while pregnant. If you or your spouse is currently expecting, you will need to meet the same divorce requirements as any other couple. In Illinois, there is only one "ground" or legal justification for divorce: irreconcilable differences. If both spouses agree that there are irreconcilable differences and the marriage is unsalvagable, there is no mandatory waiting period before they can divorce. If one of the spouses disagrees that there are irreconcilable differences, the spouses can live separately for six months to meet the "irreconcilable differences" standard and proceed with the divorce. Furthermore, at least one spouse must have lived in Illinois for at least 90 days for the couple to qualify for a divorce.

Paternity Concerns to Consider

Ilinois law presumes that the husband of a married mother is her child's father. Of course, this is not always the case. If your current spouse is not the father of your baby, you will need to take steps to establish paternity. This may require the presumed father or biological father to submit to a DNA paternity test. Once paternity is established, the father will have the same responsibilities as any other Illinois father, including child support obligations.

Parental Responsibilities and Parenting Time

In Illinois, both parents are often involved in raising their child even after divorce. The state prefers that children have frequent and continuing contact with both parents, as this is generally in the child's best interests. To that end, the court will award "parental responsibilities" to one or both spouses. These responsibilities can include tasks such as making major decisions about the child's welfare, education, and health care. The court may also award "parenting time," which is the time each parent spends with the child. The parents are encouraged to reach a decision about how to divide parental responsibilities and parenting time and solidify these decisions in their parenting plan. If parents cannot agree, the court will make a determination on the parents' behalf.

Child Support Obligations

The parent with less parenting time pays child support and the parent with the majority of the parenting time receives child support. Illinois child support orders are determined by the court and are based on the parents' net incomes.

Contact a Wheaton Divorce Lawyer

If you are pregnant and considering divorce, there are many different things to consider. Contact our DuPage County divorce attorneys at Goostree Law Group for help with paternity concerns, child support, parenting time, divorce issues, and much more. Call 630-584-4800 for a free consultation.




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