Missouri law says pregnant women can’t get divorced
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JEFFERSON CITY, Mo. – As it stands, Missouri judges cannot legally finalize a divorce if a woman is pregnant.
Three other states have similar laws: Texas, Arizona and Arkansas. While a couple can still file for divorce in Missouri, the court must wait until after a woman gives birth in order to finalize child custody and child support.
When it comes to domestic violence, there are no exceptions.
“It just doesn’t make sense in 2024,” said State Rep. Ashley Aune, a Democrat representing District 14 in Platte County, and that’s where it becomes a problem for her.
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She introduced a bill this legislative session that essentially says pregnancy cannot prevent a judge from finalizing a divorce or separation.
“I just want moms in difficult situations to get out if they need to,” she said.
She agreed that while the law was made with good intentions, like making sure kids are taken care of, she feels it needs to be updated to reflect modern times.
“This is something that was brought to me by folks in my community who shared that it was a huge problem,” Aune said.
During a committee hearing earlier this month, Aune said one woman shared a powerful testimony regarding an abusive situation she was in while pregnant.
“Not only was she being physically and emotionally abused but there was reproduction coercion used. When she found out she was pregnant and asked a lawyer if she could get a divorce, she was essentially told no. It was so demoralizing for her to hear that. She felt she had no options,” Aune said.
A report from Missouri’s Department of Health and Senior Services says out of 10,098 women surveyed between 2007-2014, nearly 5% were abused either before or during pregnancy. That equates to about 500 women.
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“This legislation could literally save lives,” added Matthew Huffman with the Missouri Coalition Against Domestic & Sexual Violence, which works to ensure its advocates have the resources needed to provide services to rape and abuse survivors.
“For abusive partners they might be using reproductive coercion and control to keep their partner pregnant so that they can’t ever actually be granted a divorce.”
Huffman said the current law comes down to two things: paternity and not wanting a child to be born without a determined father along with child custody.
While Huffman didn’t have exact numbers on hand he did say women who experience domestic violence while pregnant are more likely to have complications and poor health outcomes.
“Maternal exposure to domestic violence is associated with increased risk of low birth weight, pre-term birth, and infants exposed to it can show signs of trauma.”
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The bill is still a work in progress, and despite Aune’s passion to change the law she said she doesn’t feel hopeful that it’ll get to Governor Mike Parson’s desk this session.
Still, the Missouri Coalition Against Domestic & Sexual Violence considered it a ‘top priority.’
