Future mothers that become pregnant during divorce proceedings have a lot to think about. On top of dealing with all of the stress that comes from separating from their spouses, now they have to worry about taking care of a child without a partner in a couple of months. The unborn baby also makes dividing assets much more complicated.
If you find yourself in these circumstances, it is important that you know what the laws of Illinois state about divorces during pregnancy and how mothers should approach the proceedings.
It will not be simple.
Illinois is unique from other states in that it provides an easy way for couples to divorce known as a joint simplified dissolution. This offers couples who agree upon the division of property a quicker way to get the proceedings done.
However, this can only be done if the couple meets the specific conditions. One of these requirements is that the couple should have no children and the wife is not pregnant by the husband at the time of the divorce. This is because several aspects need to be reconsidered in regards to the child’s custody and support.
Choose when you want to separate carefully.
Illinois is a state where you can divorce at any time during your pregnancy. This is helpful for mothers who want to get away from their exes as soon as they can. However, there are additional aspects you need consider for when the child is born. During the proceedings, the court will assume that the unborn baby is your spouse’s. If no objections are made, your partner will legally be the baby’s parent and will likely have to pay for child support.
However, there are different guidelines if you are pregnant with someone else’s child. You or your partner can raise these issues during the proceedings so you can potentially modify the court’s child support orders after the baby’s birth. Some couples find it best to wait to separate after the mother gives birth so they can determine the child’s true parentage. If you know the person who got you pregnant and they are willing to support you, that person can sign a voluntary acknowledgement of paternity. This allows them to financially help with the baby while your ex no longer has to support the kid.
You will need help.
If you are in a relationship where your partner is not willing to help you out with your pregnancy, it can take a physical and emotional toll on your body. Seek out potential aid from friends, family, support groups or potentially the child’s true father to help you with this stressful portion of your life.
You should also search for potential legal assistance to help you with these complicated proceedings.