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Pregnancy and Divorce in Illinois?

On Behalf of | Nov 24, 2019 | Pregnancy And Divorce

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Pregnancy and Divorce, can they happen at the same time?

Yes and no. 

Divorce Attorneys deal with Pregnancy all the time.

You can get an Uncontested Divorce even if you are Pregnant. Here are two examples!

1. You are Pregnant with another man’s child. Maybe that man wants to marry you. Perhaps you and your husband have been living separate and apart even in the same household for a long period of time. Your current husband is totally on board with you marrying someone else and not having to be responsible for someone else’s child.

You can ask the Divorce Court for a “Bi-Furcated Divorce’. You can ask the Judge to Divorce you now so that you can marry the child’s father and then decide how to divide the Marital Property later.

But this is just an isolated example. Even if you are pregnant and married with someone else’s child, the Court cannot make a ruling as to who has custody of the baby who has not been born. If your current husband, does not agree to a Divorce, you are not going to get a Divorce while Pregnant even if this baby to be is not a child of the marriage.

Example 2.  You are pregnant and married. You know the Dad is your current husband but both of you want the Divorce now. You can still ask the court for a “Bi-furcated Divorce”. The two of you can agree to get the Divorce now and come back after the Baby is born to decide Custody, Parenting Time and Child Support. None of that can be done until the baby is born. 

Pregnancy and Divorce in Illinois is a complicated issue. If your Husband does not agree to the Divorce, you are not going to get a Divorce while Pregnant. Consult an Oak Park Illinois Attorney as to how proceed. We at the Firm of Gabrielle S. Davis, PC  would be happy to assist you.

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