Missouri Law Changes Rules on Divorce Proceedings for Pregnant Women

Pregnant women in Missouri often encountered legal barriers when seeking divorce, but new legislation will soon prevent judges from delaying divorce proceedings solely due to pregnancy. While pregnant women can file for divorce nationwide, some judges historically avoided finalizing divorces before a child’s birth. In Missouri, courts commonly mandated resolution of custody and paternity issues first, which critics argued trapped vulnerable individuals—especially domestic violence survivors—in marriages involuntarily.

The law, approved by Republican Governor Mike Kehoe in April, will be enacted on August 28. It modifies state statutes to specify that pregnancy status will not halt a court from issuing a dissolution or legal separation judgment.

Legal Tradition of Delay

Legal experts attribute the traditional delays to the necessity for legal certainty. “Divorces are often postponed during pregnancy to resolve custody and support matters concurrently with other divorce issues. Additionally, postponement ensures that medical expenses from pregnancy and childbirth remain covered by the husband’s family health insurance, which might not continue post-divorce,” noted Marsha Garrison, a professor emerita at Brooklyn Law School.

Kirk Stange, a founding partner of Stange Law Firm, highlighted Missouri courts’ historical interpretation of statutes requiring definitive establishment of paternity before divorce finalization. However, the new law raises questions about handling unresolved child-related matters.

“The statute lacks clarity on whether courts should defer issues related to the fetus/unborn child until post-birth or issue paternity, custody, and support orders while the child is in utero,” he said. “In my practice, Missouri courts have not bifurcated divorces to separate custody matters from the divorce ruling.”

A Push Rooted in Personal Experience

The legislation saw overwhelming bipartisan support in the Missouri Legislature, propelled by concerns over the risks posed to abuse survivors under previous practices. Governor Kehoe emphasized the need to safeguard vulnerable women and mothers alongside protecting life.

The governor acknowledged state Representative Cecelie Williams, a Republican and survivor of domestic violence, for her efforts in passing the bill. Williams publicly recounted attempting to leave an abusive marriage while pregnant with her fourth child, only to be informed by a judge that her divorce couldn’t be finalized due to her pregnancy. Her story became the cornerstone of the campaign to reform Missouri law.

At the bill-signing ceremony, Williams expressed profound gratitude, referring to it as her “personal Independence Day.” She stated, “Knowing that no woman will be forced to remain in a situation against her will due to pregnancy is enormously significant to me.”

Divorce Processes in Other States

No state explicitly bars judges from finalizing divorces if a spouse is pregnant. However, Texas presents challenges where divorces are difficult to finalize until post-childbirth. Bryan Fagan, a Texas family attorney, explained that the issue is procedural and practical.

“Texas courts prefer issuing a comprehensive Final Decree of Divorce, covering all marriage-related matters, including property division and child-related issues. Pre-birth, child-related matters can’t always be resolved, thus delaying divorce finalization,” Fagan remarked.

In Texas, if a child is born during the marriage or within 300 days following its end, there’s a presumption of fatherhood. Courts desire resolution of parentage issues prior to divorce finalization to accurately assign legal guardianship and enforcing child-related orders. Hannah Hembree Bell, founder and CEO of Hembree Bell Law, noted judicial reluctance in Texas to finalize divorces during a woman’s pregnancy.

“Delays in divorce can significantly affect finances. As the community estate grows during pending divorce, circumstances might lead to additional income, retirement contributions, bonuses, or other assets becoming part of the community estate to be divided,” Bell explained.

Garrison added that judges in most states possess discretion over divorce timing, granting delays when justifiable reasons are present. “Judges can decree divorce when one spouse is pregnant or delay it, based on parties’ positions and whether delay appears justified,” Garrison noted.

What Lies Ahead

When Missouri’s law takes effect, courts will no longer use pregnancy as a basis for withholding divorce judgments. This does not guarantee swift progress in every divorce involving a pregnant spouse. Judges will retain authority to delay proceedings for various reasons, including disputes over property, custody issues, health concerns, evidence-related matters, or party requests. As Garrison pointed out, contested divorces often face prolonged timelines, lasting months or years.