The statute, which can lead to reproductive coercion in a state that has banned abortion, has recently gained nationwide attention

At six months pregnant, H decided enough was enough. She had endured years of abuse from her husband and had recently discovered he was also physically violent towards her child. She contacted an attorney to help her get a divorce.

But she was stopped short. Her lawyer told her that she could not finalize a divorce in Missouri because she was pregnant. “I just absolutely felt defeated,” she said. H returned to the house she shared with her abuser, sleeping in her child’s room on the floor and continuing to face violence. On the night before she gave birth, she slept in the most secure room in the house: on the tile floor in the basement, with the family’s dogs.

Under a Missouri statute that has recently gained nationwide attention, every petitioner for divorce is required to disclose their pregnancy status. In practice, experts say, those who are pregnant are barred from legally dissolving their marriage. “The application [of the law] is an outright ban,” said Danielle Drake, attorney at Parks & Drake. When Drake learned her then husband was having an affair, her own divorce stalled because she was pregnant. Two other states have similar laws: Texas and Arkansas.

  • OldWoodFrame
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    8 months ago

    Horrible law but I don’t really get what it does in reality. I guess guarantees the husband is on the birth certificate?

    Divorce takes a long time, and I don’t see why you couldn’t get permanently separated and move out for the duration of the pregnancy, do exactly the same things as you would do divorced. They can’t force you to live in the same house.

    I guess there’s financial coercion, if you need child support to pay for things for the kids you wouldn’t get it until a divorce is finalized. And you wouldn’t be able to buy a house while legally married or it would get tangled up with the divorce.

    Like I said, bad law, but the impacts seem a bit muted by the fact that you can’t actually force someone to stay in a relationship.