Pregnant women in Missouri have historically encountered legal challenges when seeking to dissolve their marriages. A new law will soon alter this by preventing judges from delaying divorces solely because of a spouse’s pregnancy.
The Previous Practice
Although women in all 50 states can file for divorce regardless of pregnancy, some judges have been hesitant to finalize divorces before childbirth. In Missouri, courts often required custody and paternity matters to be addressed first. Critics argued this practice trapped vulnerable individuals, especially domestic violence survivors, in unwanted marriages.
Signed by Republican Governor Mike Kehoe in April, the new measure will take effect on August 28. It revises state statutes to ensure that pregnancy does not hinder courts from granting divorce or legal separation.
The Role of Legal Certainty
“Divorce is often postponed when a wife is pregnant to handle custody and support issues at the same time as other divorce matters. Delays also ensure medical expenses from pregnancy and birth remain covered by the husband’s family medical insurance,” said Marsha Garrison, professor emerita at Brooklyn Law School, to Newsweek.
Kirk Stange of Stange Law Firm explained that Missouri courts traditionally required paternity establishment before proceeding. He pointed out that the new law does not clarify when child-related issues should be resolved.
A Personal Experience Sparks Change
The legislation gained bipartisan support as it advanced through the Missouri Legislature. Lawmakers and advocates highlighted the dangers the previous process posed to abuse survivors. Governor Kehoe emphasized the need to protect vulnerable women and mothers.
State Representative Cecelie Williams, a Republican and domestic violence survivor, was key in passing the bill. She shared her own struggle to leave an abusive marriage while pregnant, which was instrumental in the campaign to reform the law.
At the bill-signing, Williams described the reform as her “personal Independence Day.” She felt relieved that no other woman would have to remain in an undesirable situation due to their pregnancy status.
Divorce Practices in Other States
No state explicitly prohibits finalizing a divorce due to pregnancy. In Texas, divorces often face delays until after birth. Attorney Bryan Fagan mentioned that Texas courts aim for one comprehensive divorce decree addressing property division and child-related matters. Without the child’s birth, unresolved child issues can delay divorce finalization.
Hannah Hembree Bell, founder of Hembree Bell Law, noted financial consequences from prolonged divorces in Texas, as assets accrued during this period become part of the community estate. Delays are sometimes granted if one party requests it and provides reasonable justification.
What Lies Ahead
When Missouri’s new law takes effect, courts can’t use pregnancy as the sole reason to delay divorce judgments. However, divorce proceedings involving pregnant spouses may still face delays due to traditional reasons like property disputes, custody issues, health concerns, or evidentiary matters. As noted by Garrison, contested divorces can extend over several months or even years.