Pregnant women in Missouri have long encountered legal barriers when seeking to end their marriages. A new legislation, effective later this month, will explicitly prohibit judges from delaying divorce proceedings solely due to a spouse’s pregnancy.
Legal Changes
In the United States, women can file for divorce regardless of pregnancy across all 50 states. However, some states have historically been hesitant to finalize divorces before the child is born. Missouri courts often required custody and paternity issues to be resolved first, trapping vulnerable individuals—especially survivors of domestic violence—in marriages against their will.
The measure, signed by Republican Governor Mike Kehoe in April, begins on August 28. This law updates state statutes to clarify that pregnancy status will not prevent courts from issuing judgments on dissolution or legal separation.
Need for Legal Certainty
Legal experts note that traditional delays were intended to ensure legal certainty. According to Marsha Garrison, retired professor at Brooklyn Law School, divorce postponements often allowed courts to address custody and support issues while resolving other divorce matters. This delay also ensured that medical expenses from pregnancy and birth were covered by the husband’s family medical insurance, which may not cover the wife post-divorce.
Kirk Stange, founding partner of Stange Law Firm, explained that Missouri courts historically required waiting until paternity was definitively established. However, questions remain on how courts will address unresolved child-related issues under the new statute. The law does not clarify whether courts should delay issues related to the fetus until after birth or enter orders while the baby is in the womb.
A Personal Push for Change
The legislation received overwhelming bipartisan support in the Missouri Legislature, with no opposing votes from lawmakers or advocates. It highlighted the dangers that previous practices posed to abuse survivors. Governor Kehoe emphasized the importance of protecting vulnerable women and mothers as part of safeguarding life.
The governor thanked Republican Representative Cecelie Williams, a domestic violence survivor, for her efforts in getting the bill passed. Williams shared her experience attempting to leave an abusive marriage while pregnant, being told she could not finalize the divorce due to her pregnancy. Her experience became central to the campaign for reform. At the bill-signing ceremony, she described the moment as her “personal Independence Day.”
Other States
While no state explicitly prohibits judges from finalizing a divorce if one spouse is pregnant, Texas often delays divorce until the child is born. Texas courts prefer entering a comprehensive Final Decree of Divorce, which includes property division and child-related matters. If the child is not yet born, unresolved child issues delay divorce finalization.
Attorney Bryan Fagan notes that legal parent identification and enforceable child orders must be resolved before finalizing a divorce in cases where parentage is disputed. Hannah Hembree Bell, CEO of Hembree Bell Law, explains that financial consequences may occur due to delayed divorce, as the community estate continues to grow during the pending divorce.
Marsha Garrison notes that in most states, judges have discretion regarding divorce timing. Judges may enter or delay decrees based on the parties’ positions and justified reasons.
Future Implications
With Missouri’s law taking effect later this month, courts will not be able to rely solely on pregnancy status to withhold divorce judgments. However, this does not mean all divorces with pregnant spouses will proceed swiftly. Judges can still postpone proceedings for various reasons, including property disputes, custody conflicts, health issues, evidentiary matters, or requests from either party. Contested divorces often take months or years to resolve.