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Questions about divorce while pregnant

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evelyn45

Junior Member
What is the name of your state (only U.S. law)? Illinois

My husband and I were married on July 22 of this year, we separated a month later. I asked my husband to leave due to the fact that he was abusive to me (no abuse prior to the marriage)...including yelling, degrading, and throwing objects at me.
The week after he moved out he filed for divorce stating grounds as "emotional and psychological abuse" on my part! He also filed the court papers stating I was not currently pregnant, which I am. I conceived on our honeymoon, and he is fulling aware of the fact that I am carrying his child.
I have obtaining a restraining order against my husband, as he continued harassing me after the separation going so far as to show up at my home in the middle of the night "to talk."
I have no money to hire an attorney. I have 30 days in which to file my appearance, or answer, with the court on his initial filing. I don't know what to do, or even where to start. Attorneys in the county my husband filed won't even talk to me about the case unless I retain them.
As far as I'm concerned, I don't want anything from this man. He has told me in writing that he hopes I have an abortion - indicating to me he doesn't want anything to do with the child once it's born.
What are the ramifications against me if this divorce goes through with this "emotional and psychological abuse?" I feel the grounds are ridiculous, and this should be a simple irreconcilable differences issue with custody, etc pending until after the child is born. At that point, if he wants to see the child we can go back to court and have paternity and child support established.
I simply want to close this terrible chapter of my life, have my child and move on gracefully.
Are there any agencies that can offer legal assistance for this type of case? What do I need to do to get the divorce over and done with, and not have the "emotional and psychological abuse" thing follow me around for the rest of my life - especially since I was not the abuser.
 


mistoffolees

Senior Member
You will probably not get a divorce while you are pregnant unless you lie to the court, as well - which I would not recommend.

Instead, you're probably better off keeping the restraining order in place and getting the divorce after the baby is born.

You're going to have to need to consider child support. Even if you feel that you don't need it, for most people, it can make a major difference in the child's life. OTOH, you'd have to deal with your ex (unless he has no desire for visitation which could be the case). You could request only supervised visitation given his history of abuse and his request that you get an abortion - and there's a good chance the judge would grant that (but no guarantee). That would give him a chance to either grow up and learn to treat people decently or get tired of the whole thing after some time.

Ultimately, the grounds for divorce won't matter. Who is going to know whether he filed for emotional abuse, anyway? In reality, most people know that people claim all sorts of things in filing for divorce and it is often easier to just let the grounds go even if you're not in full agreement. Be careful, though, in some states, it could affect property division or alimony (alimony wouldn't be an issue in your case, of course).
 
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