Missouri’s New Law on Divorces Involving Pregnant Women

Pregnant women in Missouri have faced challenges in divorce proceedings for years due to legal barriers. Beginning later this month, a new law will prevent judges from using pregnancy as a reason to delay divorce cases. Although women can seek divorce in all U.S. states regardless of their pregnancy status, some judges have been hesitant to finalize divorces before childbirth. In Missouri, courts often required custody and paternity matters to be settled first, a practice often criticized for forcing individuals, particularly domestic violence survivors, to remain in unwanted marriages.

The new law, signed by Republican Governor Mike Kehoe in April, will be effective from August 28. It updates state laws to clarify that pregnancy should not impede a court from issuing a divorce or legal separation judgment. Legal experts attribute the previous delays to the need for legal clarity. Marsha Garrison, a professor emerita at Brooklyn Law School, explained that divorces were often postponed to address custody and support issues alongside other divorce matters. Delays also ensured health expenses from pregnancy and childbirth remained covered by the husband’s medical insurance, which might not apply post-divorce.

Kirk Stange, founding partner of Stange Law Firm, noted Missouri courts historically waited for paternity to be confirmed. He pointed out that it’s not clear how child-related issues will be handled under the new statute. ‘The statute does not explain whether courts should defer fetus-related issues until after birth or make orders while the fetus is in the womb,’ he stated. In his experience, Missouri courts have not typically separated divorce proceedings to handle custody issues later.

The legislation received strong bipartisan backing, with no opposing votes, as lawmakers highlighted its importance for abuse survivors. ‘If we are serious about protecting life, we must also protect vulnerable women and mothers,’ Governor Kehoe said in a statement. He thanked state Representative Cecelie Williams, who championed the bill after her experience with an abusive relationship during pregnancy became a pivotal story in the campaign to reform Missouri law.

Williams recounted being unable to finalize her divorce while pregnant with her fourth child. At the bill-signing event, she called it her ‘personal Independence Day,’ emphasizing how significant it is that no woman will be forced to remain in an unwanted situation due to pregnancy.

Divorce and Pregnancy in Other States

No state explicitly prevents a judge from finalizing a divorce if one spouse is pregnant. However, in Texas, divorces are often delayed until after childbirth. Bryan Fagan, a Texas family attorney, explained that it’s a procedural matter. Texas courts prefer comprehensive Final Decrees covering all marriage issues, including property division and child matters. Unborn children complicate this process, causing delays.

In Texas, if a child is born during a marriage or within 300 days of its end, the husband is presumed to be the father. If parentage is questioned, courts resolve these issues before granting divorce to establish legal parents and enforceable child orders, Fagan explained. Hannah Hembree Bell, from Hembree Bell Law in Texas, highlighted that judges generally won’t finalize a divorce involving a pregnant woman due to financial implications. Community estates may grow during pending cases, adding complexity to asset division.

Garrison added that judges in most states have discretion in the timing of divorce decrees. If a spouse requests a delay and presents a valid reason, judges may accommodate the request. ‘In most states, a judge can enter a divorce decree when one spouse is pregnant or may delay it, based on parties’ positions and necessity,’ Garrison said.

What Lies Ahead

With Missouri’s law set to take effect, courts can no longer use pregnancy status as the sole reason to withhold divorce judgments. This does not guarantee a swift process for all divorce cases involving pregnant women. Judges will still have the authority to delay proceedings due to property disputes, custody issues, health concerns, evidentiary matters, or requests from the involved parties. Garrison pointed out that contested divorce cases often take months or even years to resolve.