Tag Archives: child custody

5 Reasons You May Want to Postpone Divorce if You Are Pregnant

DuPage County divorce attorney pregnancy child custodyThere are plenty of legal challenges involved in getting a divorce while pregnant. However, those complications are not the only reasons to give careful thought to whether you want to end your marriage. You are likely to face a variety of emotional and psychological concerns, and you will want to weigh your options to determine the best choice for you and your family. Here is a closer look at some of the reasons you may choose to postpone or cancel divorce if you are pregnant:

Reasons Not to Divorce While Pregnant

While there are a wide variety of reasons you may believe that your marriage is beyond repair, it is often best to avoid hasty decisions, especially when you are about to experience a life-changing event upon the birth of your child. Here are some of the more significant and prevalent examples of why you should think long and hard before beginning the divorce process while you are pregnant:

  1. Do Not Rush Into Anything—You might be overwhelmed and stressed because of your pregnancy, and perhaps your marital troubles did not begin until after you became pregnant. Pregnancy can alter your perception of things in ways that are much more ephemeral than you might realize. In that sense, you should not make any rash decisions while pregnant, especially if there is even the slightest possibility that you will regret them in the future.

  2. Do Not Go it Alone—Your divorce will end your partnership with your spouse. This means that a once-critical and central component of your support system will not be there for you during your pregnancy. Having a child can be difficult enough even with a partner; going it alone will be even more challenging. Ending your marriage can cause you to miss out on emotional support and maybe even some financial support as well.

  3. One Too Many Major Life Events—Both divorce and the birth of a child are two of the most important major life events you may experience. By pursuing both of them in such quick succession, you run the risk of getting even more overwhelmed and stressed out than you already are.

  4. The Miracle of Life Might Save Your Marriage—It might seem like a cliché, but if there is still a chance that you and your spouse might be able to resolve your differences, the birth of your child could bring you back together and help you build a stronger marriage.

  5. Complicated Divorce Modifications and Child Custody Modifications—If you complete your divorce before your child is born, you may need to have a long and protracted set of discussions after the birth to redefine your child custody agreements and other terms of your divorce. This is another stressor you do not need, especially when you will be caring for a newborn.

Contact a Wheaton, IL Divorce Lawyer

Getting a divorce while pregnant is an important decision that should not be made without careful and thoughtful deliberation. As you give in-depth thought to getting a divorce while being pregnant, you should discuss your options with a knowledgeable DuPage County child custody attorney who can help guide you toward the right decision for you and your family. Call 630-871-1002 for a free consultation with the skilled team at Andrew Cores Family Law Group.

Sources:

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

https://www.marriage.com/advice/divorce/6-reasons-to-rethink-divorce-during-pregnancy/

https://www.huffpost.com/entry/pregnant-and-divorcing_n_4682898

How Can Pregnancy Affect a Divorce in Illinois?

DuPage County family law attorney divorcing while pregnantMost divorce cases involve a variety of complex issues, but there are some situations that may leave spouses wondering about their rights and how they can protect themselves going forward. One concern that some divorcing couples may face is determining how to proceed when they are expecting a child. Emotional and psychological issues notwithstanding, there are many challenges that may arise when getting a divorce while a spouse is pregnant.

Legal Issues Involved When Divorcing While Pregnant

A spouse’s pregnancy can greatly complicate the divorce process. Some of the issues that may need to be addressed in these cases include:

  • No Simplified Divorce—Although some married couples can get a simplified divorce, this option is not available if the spouses have children together or are expecting a child. This means the divorce proceedings will be more involved, and they may take longer to resolve.

  • Delays—A variety of issues could slow down the divorce process in cases involving pregnancy. For example, the judge may order you and your spouse to wait to finalize your divorce until your child is born to ensure that you will have a better understanding of the requirements for parenting timeallocation of parental responsibilities, and child support. You may also wish to receive a legal separation before continuing with your divorce in order to allow more time for the child’s birth.

  • Paternity—When a child is born to a mother who is married, her husband is presumed to be the child’s legal father. However, if the identity of the child’s biological father is in doubt, the spouses may need to take steps to verify paternity through DNA testing or by having the biological father voluntarily acknowledge paternity. Establishing legal paternity for the child will provide the biological parents with parental rights and allow the child to receive child support from both parents.

  • Greater Likelihood of Divorce Modifications and Child Custody Modifications—One of the benefits of divorce is that it provides a couple with closure by definitively ending their marriage. However, a pregnancy could result in legal issues that may need to be addressed after the divorce has been finalized. For example, once the child is born, the parents might need to update the terms of their divorce decree to address child custody, child support, or other issues.

Contact a DuPage County Child Custody Lawyer

Divorce and childbirth are major life events, and attempting to address them both at the same time can seem overwhelming. However, ending a marriage that has broken down can ensure that your child grows up in a conflict-free environment. If you are planning to dissolve your marriage, and you need to address issues related to pregnancy or children, reach out to aWheaton divorce attorney at 630-871-1002 to discuss your options. The knowledgeable professionals at Andrew Cores Family Law Group will help you understand your options and guide you through the divorce process.

Sources:

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

Are There Benefits to Getting a Civil Union Instead of a Marriage?

Wheaton family law attorney for civil unionsIn 2011, Illinois passed into law the Religious Freedom Protection and Civil Union Act. This law enabled both same-sex and opposite-sex couples the freedom to enter into a civil union that would give them the same legal rights in Illinois as those provided by marriage. With the new term “civil union” meant to be a substitute for “domestic partnership,” all prior domestic partnerships registered would be honored, but any future similar relationships would be referred to as civil unions.

While civil unions in Illinois were initially meant to help same-sex couples achieve similar legal rights to married couples, these legal partnerships may now be pursued for other reasons. After the Supreme Court legalized same-sex marriage throughout the United States in 2015, most states converted all domestic partnerships and civil unions to marriages; however, Illinois is one of the few states that kept civil unions despite this legalization. Now that all couples, regardless of sex, can get married, why would anyone choose a civil union instead of a marriage?

Benefits of Civil Unions

Since same-sex marriage is legal across the nation, fewer and fewer people are getting civil unions. However, since civil unions are open to both same-sex and opposite-sex couples, some people are still choosing civil unions over marriages in order to demonstrate their commitment to their romantic partners. Among the benefits of civil unions are:

  • Same Rights in Illinois as Marriage—Overall, civil unions grant partners the same rights and legal protections as married couples in Illinois. However, civil unions are not recognized by federal law. The state rights with civil unions allowed for in Illinois include the following:

    • Equitable division assets and debts upon dissolution—Civil unions can be dissolved in much the same way as married couples can get a divorce. If such dissolution takes place, all property, assets, and debts can be divided equitably between the two partners.

    • Parenting time and parental responsibilities—This is treated the same in Illinois for those in a civil union as it is for those in a marriage, including determining how parents will share custody of the children from the civil union, when children will spend time with each parent, etc.

    • Health insurance coverage—Just as one spouse in a marriage can get health insurance coverage through his/her employer for his/her spouse, so can most partners in civil unions, depending on the employer.

  • Psychological Well-Being—Entering into a civil union can provide emotional benefits for partners. They might be happy to show commitment to one another by entering into such an agreement, but they will not feel restrained by the traditional label of “marriage.” In some cases, couples may prefer to avoid all of the usual trappings of a marriage, such as the wedding planning, the ceremony, and all other major activities that are expected of most married couples.

  • Possible Tax Benefits—One reason a couple may choose a civil union instead of a marriage is the potential tax advantages. While they will have essentially the same rights as a married couple in the state of Illinois, since the federal government does not recognize civil unions in the same way as marriages, the couple in the civil union might be able to avoid the marriage tax penalty. They will be able to pool their income throughout the year without being penalized come tax time by being taxed at a higher income bracket. However, this tax exclusion also means that the couple would not qualify for many federal benefits that married couples can receive.

Contact a Wheaton, IL Civil Union Attorney

If you are thinking about a civil union in Illinois instead of a marriage, consider giving a DuPage County domestic partnership lawyer a call at 630-871-1002 for a free consultation. With the guidance of the knowledgeable team at Andrew Cores Family Law Group, you will fully understand the benefits and drawbacks of a civil union. We will clearly explain all your present and future options, including addressing cohabitation agreements or separation agreements.

Sources:

https://www.forbes.com/sites/beltway/2014/06/05/are-domestic-partnerships-a-way-for-heterosexual-couples-to-avoid-the-marriage-tax-penalty/#476ad2fa4d43

https://www.thebalance.com/domestic-partnerships-vs-marriage-what-s-more-financially-beneficial-4172622