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Divorcing a Pregnant Spouse

Posted on in Divorce

Kane County family law attorneyWhile all romantic relationships can be complicated at times, nothing changes the dynamic of a relationship more than a pregnancy. Some couples find out they are expecting and it is a huge surprise. Other couples may plan for the pregnancy for years and are thrilled when it happens. Too often, however, couples think that a baby will make their marriage stronger, help ease their arguments, and make the atmosphere inside the relationship happier. While this may work in some cases, having a baby is not usually the solution for a struggling marriage. Having a child, while an exciting and wonderful experience, is not a fix-all to marital problems. What should you do when you realize you want to leave the relationship while your partner is pregnant?

Find the Path That Works for You

Some couples will choose to separate until after they baby is born and then file for divorce. Some states even require legal separation before a divorce filing can be made. Other couples wait until after the baby is born to make the final decision. The first step when considering leaving a spouse who is pregnant is to speak to a lawyer about the situation. He or she will be capable of guiding you to make the best decision for your particular circumstances. Keep in mind that laws regarding the divorce of a pregnant spouse vary from state to state.

Complicating Factors

In the state of Illinois, you are permitted to file for divorce while you or your spouse is pregnant. While there are no laws that prevent a pregnant spouse from participating in divorce proceedings, there are certain issues that cannot be addressed until the baby is born. For example, because the child has not been born yet, no legal parentage can be established. This means that neither parent technically has the standing to pursue parenting responsibilities, nor does the court have the power to order child support for the child. Thus, in many cases, the court will reserve such issues to be resolved at a later date or simply delay finalizing the divorce until the child is born.

Other Considerations

For some couples, waiting a few extra months to begin the divorce process is not much of a problem. If, however, feel that your safety or the safety of your spouse and unborn child are at risk, do not delay. Seek legal counsel immediately. If your spouse abuses you, make sure to document every instance to use as evidence during the custody proceedings. You deserve to be happy and healthy, as does your unborn child.

Contact an experienced Kane County divorce attorney to learn more about your available options. Call 847-426-1866 or 630-945-8807 for a confidential consultation at Pucci Pirtle today. We will help you make the best possible decisions for yourself and your family.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

Kane County Bar Association Illinois State Bar Association McHenry County Bar Association

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