For many couples, the expectation of a baby is an exciting, joyful event filled with promise for the future. However, there are some – often those in contentious or stressful marriages – that realize a baby will only further strain their relationship. In some cases, this can lead to thoughts of divorce. If you or someone you know falls into the latter group, the following information will explain what you need to know about filing for divorce while pregnant.
Simplified Divorce and Pregnancy
A simplified divorce is one in which there are few complications or issues to resolve. It is often a less time- and money-intensive process than “traditional” divorce. However, there are some limitations on which couples may file for a simplified divorce. Not having any children – including unborn children – is one of those restrictions. As such, couples who are planning to file for divorce while the wife is pregnant are not able to pursue a simplified divorce.
Factors to Consider
Often, the divorce process is more difficult if the wife is pregnant. It can also be delayed. One of the most common examples is when a husband contests his paternity to the child. An amniocentesis could be done to validate the paternity, but the procedure presents a risk to the baby. In this instance, the divorce process would likely be delayed. However, there does not need to be a contest of paternity to extend the divorce process. There are many other reasons that a judge may issue a stay on the dissolution of a marriage involving a pregnancy, and it is rather common in the state of Illinois.
Should You Wait?
In learning that the divorce may be more complex and take longer to complete, many couples may wonder if proceeding is the right choice. Truthfully, this is only something that you and your attorney can determine for certain. While there are benefits to filing the paperwork now – despite any possible delays – there are also some distinct disadvantages. For example, alimony and child support are not generally awarded until after the process is complete. This can make for financial troubles if the mother moves out of her marital home prior to the completion of the divorce. Alternatively, if the divorce is completed, the mother may lose her insurance, which can lead to added costs during the pregnancy. However, the couple may find that starting the divorce now gives them a head-start on the process, opening them up to be better, more focused parents once the baby does come.
At Sullivan Taylor, Gumina & Palmer, P.C., we understand the complexities of divorce, and the many variables that often come with it. Dedicated to your best interest, and your future, we can help you determine how to proceed with the divorce process during or after your pregnancy. Ask how we can assist with your case by contacting our DuPage County divorce lawyers for a free initial consultation. Call us at 630-665-7676 today.
Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K452
