Pregnant women in Missouri have faced challenges when trying to dissolve their marriages, often due to legal delays. A new law coming into effect soon will prevent judges from postponing divorce proceedings simply because a spouse is pregnant.
Women can file for divorce in all states regardless of pregnancy status. However, judges in certain states have been hesitant to finalize divorces before a child’s birth. Missouri courts often required that custody and paternity issues be settled first. Critics argued this practice trapped vulnerable individuals, especially domestic violence survivors, in marriages involuntarily.
The measure, signed by Governor Mike Kehoe, aims to address this issue. Starting August 28, the law will amend state statutes to ensure that pregnancy status does not hinder the court’s ability to grant a divorce or legal separation.
“Divorce is often postponed when a wife is pregnant to permit a court to handle custody and support issues simultaneously with other divorce matters.”
Marsha Garrison, a professor emerita at Brooklyn Law School, explained that this traditional delay was rooted in legal certainty needs. It was mainly to ensure medical expenses from pregnancy and birth remained covered under the husband’s insurance, which might not cover the wife post-divorce.
Kirk Stange, from Stange Law Firm, mentioned that Missouri courts historically required waiting until paternity could be definitively established. The new statute leaves questions about how unresolved child-related issues should be handled. It does not specify whether courts should address such issues before or after the baby’s birth.
The bill gained strong bipartisan support and faced no opposition, highlighting dangers for abuse survivors due to previous practices. Governor Kehoe emphasized protecting vulnerable women and mothers. Representative Cecelie Williams, a domestic violence survivor, championed the bill. She shared her own struggles to exit an abusive marriage while pregnant, and her experience catalyzed the campaign to change Missouri law.
At the bill-signing ceremony, Williams described the moment as her “personal Independence Day,” expressing relief that no woman would be forced to stay in a marriage due to pregnancy.
No state explicitly prohibits finalizing a divorce if one spouse is pregnant. However, Texas often delays divorce until after childbirth. Texas courts prefer a comprehensive divorce decree that addresses all marital issues, including children. Issues regarding a child born during the marriage or shortly after can result in delays.
Bryan Fagan, a Texas family attorney, clarified that these delays are procedural and practical. Courts want to resolve parentage questions before finalizing divorces. Hannah Hembree Bell, founder of Hembree Bell Law, noted financial consequences as community estates grow during pending divorces.
Garrison added that most states allow judges discretion about divorce decree timing. Judges may delay decrees if requested for valid reasons, at their discretion.
As Missouri’s law begins, courts will no longer use pregnancy status alone to withhold divorce judgments. This does not ensure swift divorces for pregnant spouses. Judges will still delay proceedings for various reasons, including property disputes and custody battles. As Garrison noted, contested divorces can extend over months or years.