To this day, several U.S. states allow or require a judge to delay a divorce when one spouse is pregnant. The Missouri House of Representatives has just given preliminary approval to a bill that removes a judge’s power to do so. Supporters celebrate the House bill as a long-overdue step towards equality for Missouri women and a safeguard against domestic violence, as well as a way for a husband to avoid paternity for a child that is not his. However, some argue that this particular law would rob family court judges of the power to protect a pregnant woman and child during divorce.
Divorce and Pregnancy: Risks and Rights
In the U.S., divorces were difficult to obtain until the 20th century, and few people supposed that pregnant women would want one. Birth in wedlock was once crucial for a child’s future, as illegitimate children did not have the same property rights as legitimate ones. Until the mid-19th century, fathers had near-absolute rights to their legitimate children, rights that were a continuation of English common law from which much of U.S. law derives. Later, courts favored mothers for the custody of infants or small children. But in days when husbands controlled most or all of the couple’s assets, child custody often followed financial control.
In states where judges have kept control of the divorce of a pregnant woman, they have largely considered it protection for the wife and child. As a wife, she can claim her husband’s medical support and stay on his health insurance, which can still be a major consideration due to high prenatal and delivery costs. Judges also point out that there can be no final custody orders before a child is born, because the court does not yet know the child’s needs and health. And before accurate DNA testing, a mother could not easily force a man to acknowledge paternity unless she was married to him.
Yet none of this accounts for a major danger to many pregnant women: domestic violence. Today, homicide by a partner is the leading cause of death for pregnant women in the U.S. A study suggests that homicide rates are higher in states with restrictive divorce and reproductive laws.
Laws, Judgment, and Missouri’s New Bill
Missouri is one of a dozen states where a wife’s pregnancy is at issue in divorce proceedings. In Texas, judges will not grant a final divorce decree before the child is born, and courts in Missouri, Arkansas, and Arizona also typically wait until after the child is born to finalize the divorce. The problem can arise in six other states, including Mississippi and California. There is no actual state law forbidding a final divorce decree for a pregnant woman in Missouri. But the law requires judges to disclose whether the wife is pregnant, and Missouri courts have long interpreted that requirement to mean they must wait until after the baby is born to finalize a divorce.
As the practice was universal in Missouri, state Rep. Ashley Aune first introduced a bill to curtail it in 2024. The House has just passed the combined HB 1908 & 2337, sponsored by Rep. Cecelie Williams and Rep. Raychel Proudie. This would amend Missouri’s divorce law to add the language, “Pregnancy status shall not prevent the court from entering a judgment of dissolution of marriage or legal separation.” Identical language appears in the current Senate Bills 926 and 946.
This year, the proposed law has enjoyed unanimous support in the House, a rare bipartisan accord on a family law issue. However, some commenters have raised considered objections. Attorney Bridget Dunlap has noted that the language forbids a judge to consider delaying a divorce due to pregnancy, which could allow a father to push an expectant mother from his health insurance. Furthermore, as she says, the divorce law still requires a woman to disclose a pregnancy, which multiplies her risk from an abusive partner.
Nonetheless, Republican Governor Mike Kehoe supports the bill and has called for its passage. If all goes as expected, Missouri women in dangerous relationships could have one less burden to carry in a painful situation.
Related Resources
- History of Domestic Violence Laws in the U.S. (FindLaw's Learn About the Law)
- Divorce Rings: A New Trend in an Old Battle (FindLaw's Law and Daily Life)
- More States Are Requiring Hairdressers to Learn How to Spot Domestic Abuse (FindLaw's Law and Daily Life)
