Years after its passing, Democratic State Rep. Ashley Aune seeks to end an archaic Missouri law that prevents pregnant women from getting a divorce, even if they are victims of domestic abuse.
Aune’s desire to strike down the law has brought it to the nation’s attention again, but it has actually been in effect for decades. The law was first passed in 1973 and was last amended in 2016. Missouri Law: Chapter 452.310 stipulates that those petitioning for divorce are required to reveal “whether the wife is pregnant.” Missouri law requires married women to disclose their pregnancies because it is a factor that can be used to deny the dissolution of marriage.
Women in Missouri are allowed to file for divorce while pregnant, but the judge has a right to deny a divorce decree or even just a legal separation until the child is born.
Lawyers have suggested this is because the state prefers to hold off on divorce until it can settle custody arrangements and verify paternity. However, considering that the majority of states allow partners to finalize their divorce regardless of pregnancy and simply deal with custody issues in a post-judgment proceeding, there’s no actual reason why a state should ban pregnant women from getting a divorce.
The law puts countless women in danger, considering that it includes no exception for victims of domestic abuse and ignores that many cases of domestic abuse involve men forcing or coercing a pregnancy on their partner as a way to exert even more control. Additionally, once Roe vs. Wade was overturned, Missouri was one of the first states to enact a near-total ban on abortion, putting pregnant people in need of a divorce in an impossible situation.
Fortunately, one lawmaker is raising awareness for the law and has a proposal to end it.
State Rep. proposes amendment to end Missouri’s archaic divorce law
Aune has proposed HB 2402, an amendment to the existing divorce law that would remove the requirement for courts to consider pregnancy status. The bill would add this stipulation to the current divorce laws: “Pregnancy status shall not prevent the court from entering a judgment of dissolution of marriage or legal separation.” It’s just one sentence, but it has the potential to save countless women’s lives by removing one obstacle to divorce.
During a public hearing on the bill, Julie Donelon, CEO of the Metropolitan Organization to Counter Sexual Assault, backed the bill by providing information on domestic abuse. She explained how research has proven that “Abusers use rape and reproductive coercion to maintain power and control and keep their partner from leaving the marriage. By sabotaging birth control, coercing someone into pregnancy, and by forcing rapid repeat pregnancy, the barriers to and danger of leaving an abusive relationship increase exponentially.” Additionally, she noted the horrifying fact that women are more likely to be murdered during or soon after pregnancy than they are to die from the leading causes of pregnancy-related deaths.
Unfortunately, there are doubts that the amendment will be passed given comments from the state’s Republican governor, Mike Parson, and state senator, Denny Hoskins. While speaking to The Kansas City Star, Hoskins suggested it would be acceptable for women in the most extreme situations to be granted a divorce when pregnant, but he feared the idea of making divorce too easy during pregnancy. He patronizingly stated, “Just because the husband and wife are not getting along or have irreconcilable differences, I would not consider that that would be a good reason to get divorced during a pregnancy.”
It’s also not just Missouri that has this law on the books. Texas, Arizona, and Arkansas all have similar laws in place to make it difficult for pregnant women to secure a divorce. All of these states, with the exception of “swing state” Arizona, are predominantly Republican and have a near-total ban on abortion, making it difficult for the archaic laws to be struck down.
It’s not surprising Republicans would want to keep these laws, considering some extreme right-wingers have advocated for abolishing no-fault divorce laws entirely and hold the wild belief that it’s “too easy” for women to get a divorce in the U.S.—because it’s apparently not enough that many women validly fear being murdered if they leave their partner.
Raising awareness for these little-known laws could also help save lives. It warns the nation of just how much danger women are in living in red states with divorce obstacles, abortion bans, and loose gun laws. It also gives a chilling snapshot of what Republicans want every woman’s situation to look like in America if they get into office. Hopefully, a renewed awareness of this law will encourage action and reform in every state that desperately wishes to control and endanger women.
(featured image: simarik / Getty)
