How Pregnancy Can Change Your Divorce

 Posted on April 04, 2019 in Children and Divorce

Some spouses have the unfortunate timing of divorcing while the wife is pregnant. Pregnancy is an emotional time for both expectant parents, though the excitement usually draws them closer. Having a child puts stress on the parents, which their relationship may be unable to withstand. In other cases, the decision to divorce just happens to coincide with the pregnancy. Illinois law does not prevent spouses from divorcing while expecting a child. However, pregnancy can change the nature of divorce, especially if it will be the couple’s first child.

Parenting Factors

Illinois law assumes that the husband is the father of any child conceived or born during a marriage. Only a voluntary acknowledgment of paternity by another man or a paternity test could break that assumption. Because the spouses will be co-parents after the divorce, their agreement must include:

• The allocation of parental responsibilities;
• A parenting time schedule; and
• Child support payments.

A parenting plan for a newborn child is different than with older children. The mother will likely care for the newborn a majority of the time, but the father also needs bonding time with the infant if he plans on being an active parent. The parents should schedule a regular time when the father can visit and hold the infant. Caring for the infant may affect the balance of incomes that determine child support payments, depending on the type of maternity leave that the mother receives and whether either parent will reduce their work hours to focus on parenting.

No Simplified Divorce

Pregnancy will also affect the divorce process if spouses are planning on getting a simplified divorce, which is an expedited divorce process. In a simplified divorce, the spouses agree on the division of property and waive any support payments to each other. Illinois law does not allow a simplified divorce when the wife is pregnant because neither party can waive child support payments.

Contact a Kane County Divorce Attorney

Unfortunately, the divorce process will put additional pressure on the expectant mother, whose body is already under strain from the pregnancy. If you are pregnant while going through a divorce, you should be cautious that the stress of the process does not hurt your health or the health of your child. You may need to take a break if you are not feeling well and rely on others to help carry your workload. At Goostree Law Group, we have experienced St. Charles, Illinois, divorce lawyers and a divorce coach to help get you through the process. Schedule a free consultation by calling 630-584-4800.

Source:

https://www.parents.com/parenting/divorce/how-to-handle-a-divorce-while-youre-pregnant/