Missouri Law Prevents Divorce During Pregnancy, Even In Cases of Violence

Pregnant-Woman

A recently spotlighted statute in Missouri is causing a stir, particularly among legal circles and advocacy groups, as it restricts divorce proceedings for pregnant individuals, even in cases of domestic violence.

The law, originating in 1973, mandates that individuals seeking divorce must disclose their pregnancy status.

In effect, pregnant petitioners are barred from legally ending their marriages. The practical implications of this statute have raised concerns, especially for those facing abuse within their marriages.

Advocates argue that the law, although initially well-intended to ensure post-birth provisions for mothers and children, now poses significant hurdles for those seeking to leave abusive relationships.

One such case is that of H, who endured years of abuse from her spouse and faced violence during her pregnancy. Despite her efforts to seek legal recourse, she was unable to finalize her divorce until three months after giving birth to her second child.

This delay not only prolonged her exposure to abuse but also underscored the limitations imposed by Missouri’s divorce laws.

Legislative efforts are underway to address these concerns.

Representative Ashley Aune introduced House Bill 2402, aiming to grant family court judges greater discretion to expedite divorce proceedings in cases involving pregnancy.

However, the bill has yet to undergo a vote, leaving many pregnant individuals vulnerable to prolonged periods of abuse and coercion.

The broader implications of this law extend beyond divorce proceedings, potentially exacerbating reproductive coercion and compromising individuals’ autonomy over their reproductive health.

Advocates say there is an urgent need for legislative reform, highlighting the life-threatening consequences of delayed divorce proceedings in cases of domestic violence.