Can I File for Divorce in Illinois if I Am Pregnant?

 Posted on December 20, 2022 in Divorce

Very few things in life are as challenging as managing a pregnancy. In addition to morning sickness, mobility difficulties, and the chronic discomfort of being able to smell everything around you in acute detail, a crumbling marital relationship can add a burden that feels too much to bear. Unfortunately, many women in Illinois find themselves in a situation where they urgently want or need to leave their relationship, despite being pregnant. If you are in this situation and are considering divorce, it is important to understand your options. 

Do I Need to Wait Before Filing for Divorce if I Am Pregnant? 

Illinois does not prevent a divorce from moving forward simply because a woman is pregnant. However, it is important to know that you will be expected to create a parenting plan with your soon-to-be ex that delineates how you and your ex will share decision-making responsibilities and parenting time (visitation). Sometimes, you will need to return to court to address these issues after your child is born. This is especially true if there is a question as to the child’s paternity. 

Will I Need to Prove Paternity? 

If your divorce is finalized before your child is born, or if the child is born within 300 days of your divorce or separation, your ex-husband will be legally presumed to be the child’s father. If he contests this, you may need to do a DNA test to prove your ex is the father. If your ex-husband is not the child’s father, you may need to pursue paternity proceedings against the man who is. An attorney can help you with all of this, and Illinois law is on your side. Whether he wants to be involved in the child’s life or not, a child’s father is responsible for providing financial support to the child. 

What if I Am Afraid of My Husband? 

Studies suggest that victims of domestic violence may be at greatest risk while pregnant. If you have been living with an abusive spouse and have decided to leave the marriage for the sake of your unborn child, you deserve the protections afforded to you under Illinois law. You may need to file for an Order of Protection that will keep your ex away from you, your child, and anywhere you live or work. If your ex violates this order, he can be arrested right away. However, you will need to appear in court to provide evidence of the abuse you have suffered, so be prepared to collect evidence of any abuse. 

Schedule a Consultation with a Wheaton, IL Divorce Lawyer

Handling issues of divorce during pregnancy can be a very sensitive process. At Goostree Law Group, we aim to protect your privacy, pursue your legal goals, and advocate passionately for your rights, all while managing the difficult legal elements of your case so you can focus on maintaining your personal well-being. Call us today at 630-364-4046 to schedule a free consultation and explore your options with one of our DuPage County divorce attorneys. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000