Question:
I am going to get a divorce because of my infidelity, which resulted in my girlfriend becoming pregnant.
How will this pregnancy with another woman affect my divorce? Are there paternity laws I should consider?
Answer:
In the state I practice in (Illinois), the alleged marital fault or misconduct of either party is not considered in the division of property or in awards of maintenance. Therefore, the pregnancy will not have any direct effect on the terms of the final judgment entered in your divorce.
While marital misconduct cannot be considered in the division of property or awards of maintenance, adultery committed subsequent to the marriage is one of the grounds for divorce in Illinois.
Therefore, while you indicate that you intend to pursue a divorce from your wife in the future, she may seek a divorce now alleging adultery as the grounds.
You do not indicate whether you have children with your wife, but if you do, you may be obligated to pay child support for the children. In addition, you may be also obligated to pay support for the unborn child, including health insurance coverage for the child, and pregnancy and delivery costs of the mother.
The timing of filing and obtaining a divorce judgment can be critical to issues of custody, support, and division of assets and debts.
You should contact a qualified domestic relations attorney, such as Cordell & Cordell, for more information as what I have provided you is only general in nature.
To schedule an appointment with a Cordell & Cordell attorney, including Erin Brockhoff, an Associate Attorney in the Belleville, Illinois office, please contact Cordell & Cordell.
