Can You Get Divorced While Pregnant in Illinois?

 Posted on June 11, 2026 in Child Custody / Parental Responsibilities

If you found out that you are pregnant but your marriage is falling apart, you may wonder whether you can still file for divorce in 2026. Illinois law does not stop you from filing or finalizing a divorce while pregnant. However, the scope of what the divorce can finalize might be limited, and certain decisions tied to the unborn child cannot be finalized until after the baby arrives. A Chicago, IL divorce attorney can walk you through what your case can and cannot be settled before the birth.

Does Illinois Law Require You to Disclose a Pregnancy When You File for Divorce?

When you file for divorce, your petition must list the names and ages of all living children of the marriage and state whether either spouse is pregnant. This is required by the Illinois Marriage and Dissolution of Marriage Act. The court needs this information because issues involving an unborn child may affect what can and cannot be resolved in the divorce. 

While the court can divide property and address many other matters, decisions involving parental responsibilities, parenting time, and child support generally cannot be finalized until after the child is born. Concealing a pregnancy may hurt your case, cause the court to revisit previously decided issues, and cost you additional time and money.

Why Illinois Courts Cannot Settle Custody or Support for an Unborn Child

Illinois courts cannot set up custody or child support for a child who has not been born yet. Those decisions require information about the child and the parents' circumstances that may not be known until after birth. If you are pregnant during your divorce, the questions about that child will be handled later in a separate case after the baby is born. However, your divorce can still be finalized.

How Paternity Works When a Baby Is Born During or After an Illinois Divorce

Under Illinois law, a child born during a marriage is presumed to be the child of both spouses. If the baby arrives before the divorce is final, that presumption applies on its own. If the baby is born after the divorce is finalized, the marital presumption may still apply. Under Illinois law, a child born within 300 days after a divorce can still be presumed to be the child of the former spouse. If there is a dispute about who the biological father is, parentage may need to be resolved through a separate legal proceeding.

If the husband is not the biological father, the marital presumption can be challenged. That is handled under the Illinois Parentage Act of 2015, which sets the rules for proving or disputing paternity. Getting paternity established early can help ensure sufficient child support, the right to make decisions for the child, and access to things like health coverage and Social Security benefits.

Will You Need to Reopen Your Divorce Case After the Baby Is Born?

The birth of a child after a divorce does not require reopening the divorce case. In most situations, the judgment ending the marriage remains final, and any issues involving the child are addressed through separate family court proceedings. Depending on the circumstances, a parent may need to file a parentage action or seek court orders establishing a parenting plan and child support. 

Which process applies will depend on factors such as whether legal parentage is already established and whether the parents agree on child-related issues. Addressing these matters soon after the birth can help avoid delays in obtaining enforceable court orders and establishing each parent's legal rights and obligations.

Schedule a Free Consultation with a Chicago, IL Divorce Attorney

Pregnancy and divorce together raise legal questions that are hard to sort out on your own. At The Law Office of George J. Skuros, the goal is to make sure you fully understand what is happening at every step: what the law requires, what your options are, and what you can realistically expect. When you come in for a consultation, you leave with a clear sense of where things stand, not just vague reassurances. Call 312-884-1222 today to schedule a free consultation with our experienced Cook County, IL family law lawyer.