Missouri’s New Divorce Law Eliminates Pregnancy-Based Delays

Women in Missouri have historically faced legal challenges in pursuing divorce when pregnant. A new law, effective later this month, eliminates pregnancy as a reason for judges to delay divorce proceedings. Although women can file for divorce regardless of pregnancy status in all states, some judges have been hesitant to finalize divorces until after childbirth. Missouri previously required settling custody and paternity issues first, leaving vulnerable individuals, particularly survivors of domestic violence, trapped in unwanted marriages.

Republican Governor Mike Kehoe signed the law in April. Starting August 28, the law prevents pregnancy status from obstructing divorce or legal separation proceedings. Legal experts explain that delays were traditionally meant to ensure legal certainty. Marsha Garrison, Professor Emerita at Brooklyn Law School, notes that divorces were often postponed to manage custody and support issues simultaneously with other divorce matters. This delay also ensured the husband’s family medical insurance covered medical expenses related to pregnancy and birth, which might not cover the wife post-divorce.

Kirk Stange, of Stange Law Firm, observes that Missouri courts historically required paternity to be definitively established before proceeding with divorce. However, unresolved child-related issues under the new statute remain a concern. Stange points out that the statute does not clarify whether courts should delay issues related to the fetus/unborn child until after birth or address paternity, custody, and support while the child is still in the womb.

“In years of practicing family law, I have not seen Missouri courts separate divorces this way, handling custody after granting divorce,” Stange remarked.

A Push Rooted in Personal Experience

The legislation passed the Missouri Legislature with bipartisan support, highlighting risks posed to abuse survivors. Governor Kehoe emphasized the importance of protecting vulnerable women and mothers. State Representative Cecelie Williams, a Republican and domestic violence survivor, championed the bill after facing barriers in divorcing while pregnant. Her experience fueled efforts to reform Missouri law, marking the bill-signing ceremony as her “personal Independence Day.”

Williams shared, “Knowing that no woman will be forced into an unwanted situation due to pregnancy status is everything to me.”

Other States’ Approaches

No states explicitly prevent judges from finalizing divorces due to pregnancy, yet related challenges exist. In Texas, divorces commonly face delays until childbirth. Family attorney Bryan Fagan explains that while this is not a legal issue, procedural and practical factors delay divorces. Texas courts prefer comprehensive Final Decrees of Divorce covering property division and child-related matters. If a child is not yet born, resolving these issues becomes challenging.

Fagan highlights that a child born within 300 days after marriage ends is presumed to have the husband as father under Texas law. Courts aim to resolve parentage disputes before finalizing divorces, ensuring enforceable orders concerning children. Hannah Hembree Bell, CEO of Hembree Bell Law, states that judges often avoid finalizing divorces during pregnancy due to “real financial consequences.” Delays can grow community estate with additional income and assets needing division.

Garrison notes that judges often have discretion with timing and may delay divorce if requested by a party with valid reasons.

In most states, judges can enter or delay divorce decrees based on parties’ positions and justified reasons for delay.

Future Implications

With Missouri’s law taking effect soon, courts will cease pregnancy-based divorce delays. Yet, not all divorces involving pregnant spouses will expedite. Judges retain authority to delay proceedings for traditional reasons, including property disputes, custody battles, health issues, evidentiary concerns, or requests from either party. Contested divorces may still take months or years to conclude.