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Wheaton child custody lawyer pregnancyWhile there are many legitimate reasons to postpone or cancel a divorce due to pregnancy, a person may have some compelling reasons to get divorced while pregnant. As difficult as it may be to end your marriage when you are already dealing with the stresses and expectations of impending parenthood, divorce may be the best overall choice for your family. Here is a closer look at the potential benefits of getting a divorce while you or your spouse are pregnant:

Reasons to Divorce While Pregnant

If you are considering a divorce while pregnant and are worried about the consequences, consider these positive aspects of taking such an action:

  • Your Child Will Not Have to Live Through the Divorce Itself—If you get a divorce while pregnant, you do not have to worry about the difficulties your child may face when shifting from having two parents in the same home caring for him or her to receiving care from parents in two separate homes. Researchers estimate that it can take children about two years to fully adjust to a divorce, on average. If your child is born into a single-parent home, or if you and the other parent will be sharing parenting time from the beginning of the child’s life, he or she will not need to make this adjustment.

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DuPage County parental responsibilities attorneyWhen married parents get a divorce or unmarried parents are separated, arrangements for child custody will be put in place. A court-approved parenting plan will include decisions regarding parental responsibilities and parenting time. While parenting agreements are meant to protect a parent’s rights as a father or rights as a mother, there are some circumstances where a person’s parental rights may be involuntarily terminated. Illinois has extensive rules and guidelines in place to determine when the termination of parental rights is appropriate.

Involuntary Termination of Parental Rights

Parental rights will only be terminated if it can be proven that a person is unfit as a parent, and remaining in contact with their child or children will not be in the child’s best interests. Some ways a parent might be considered unfit include:

  • Child abandonment

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Posted on in Child Custody

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.

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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:

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DuPage County child relocation attorneyThese days, with the world at your fingertips through the Internet, it is easier than ever to find a new job or locate a new house, making parental relocation even more likely than it might have been in the past. Unfortunately, after divorce, if you or your ex-spouse decides to relocate, this can further complicate parental responsibilities and parenting time. In fact, custodial issues surrounding relocation require courtroom proceedings in which the ex-spouse requesting a move must demonstrate that the relocation is in the best interest of the child. If any of this is the case with you or your ex-spouse, consider this advice to make sure you and your children continue to have a positive relationship despite the move.

What Happens if You or Your Ex-Spouse Decides to Relocate

Overall, parental relocation usually requires modification of child custody orders and changes to a parenting plan. Relocation often leads to drastic changes in parenting time, and while many couples prefer to simply agree to the terms of these agreements and plans verbally, these types of oral declarations are not enforceable by law. In order to ensure that the rights of all parties are protected, it is usually best to seek the assistance of a lawyer and develop a legally binding agreement. Relocation is especially challenging if one of you wants to move out of state, much farther away from the other ex-spouse and the child’s current location.

What Happens When the Court Gets Involved in Relocation Plans

Parental relocation—and child relocation in particular—might require courtroom intervention. Usually, the parent requesting relocation strongly believes the move will greatly benefit the child, while the other parent may worry that his/her relationship with the child will be adversely affected by the move. In situations like these, it is reasonable for you, your ex-spouse, and your respective lawyers to seek the counsel and subsequent decision of a judge.

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