Legal Question in Family Law in Illinois

divorce while pregnant

can i divorce while pregnant in illinois.. its not my husbands we have been seperated for 3 years going on 4 in september of 09. the divorce was started march 08 when i was not pregnant, he doesnt know and the divorce is almost final we just are trying to agree on sole or joint custody of our 5 yr old . and im due in october and SURE that he will be more than happy to say he hasnt slept with me in 3 years!!! at this point the judge was switched and doesnt know . im really not showing.


Asked on 7/14/09, 9:24 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: divorce while pregnant

You can get divorced anytime. There is nothing in the statute that precludes dissolution during a pregnancy. You and your husband should simply stipulate that you are currently pregnant but that he is not the biological father of child in the settlement agreement. But your counsel should have told you this and I certainly hope that you are properly represented.

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Answered on 7/14/09, 10:56 am


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