Missouri’s New Legislation on Divorces

Pregnant women in Missouri often faced legal challenges when seeking divorce. A new law, effective soon, prohibits judges from delaying divorce proceedings solely due to pregnancy.

While women can file for divorce in all 50 states regardless of pregnancy, some judges hesitated to finalize divorces before a child’s birth. Missouri courts regularly required custody and paternity issues to be settled first, trapping vulnerable individuals, especially domestic violence survivors, in unwanted marriages.

Legal Adjustments and Background

Governor Mike Kehoe signed the measure in April, effective August 28. It amends state statutes to ensure pregnancy doesn’t block court judgments of dissolution or legal separation. Experts highlight the traditional delay aimed at maintaining legal certainty.

Marsha Garrison, a professor emerita at Brooklyn Law School, noted divorce postponement allowed courts to address custody and support concurrently with other divorce matters. Delays also ensured medical expenses related to pregnancy and birth were covered by the family medical insurance of the husband, which may cease post-divorce.

Kirk Stange, of Stange Law Firm, explained Missouri courts previously waited for definite paternity establishment. Uncertainty remains on handling child-related issues under the new law.

Legislative Support and Personal Impact

With significant bipartisan legislative support, the law addresses previous practice risks for abuse survivors. Governor Kehoe emphasized protecting vulnerable women and mothers.

State Representative Cecelie Williams, a domestic violence survivor, played a key role in passing the bill. She shared her personal experience of being denied divorce during her pregnancy, influencing the legal change.

Divorce Practices in Other States

No state explicitly bans finalizing divorce when pregnant, but Texas often delays divorces until after childbirth. Bryan Fagan, a Texas family attorney, explains the delay stems from procedural reasons rather than legal ones.

Texas courts require a comprehensive Final Decree of Divorce covering all marriage issues. Unborn children’s matters hinder finalization. Courts aim to identify legal parents before entering enforceable child orders.

Hannah Hembree Bell, of Hembree Bell Law, states financial consequences arise from pending community estates during delayed divorces.

Future Implications

Once the Missouri law takes effect, courts cannot use pregnancy as grounds to deny divorce judgments. However, disputes over property, custody, and other issues may still delay proceedings. Contested divorces often take extended periods to resolve, despite the new law.