Missouri women can’t get divorced while pregnant. Bill would undo ‘archaic loophole’

Missouri prohibits pregnant women from finalizing a divorce, but the restriction is coming under renewed scrutiny after the state in 2022 imposed a near-total abortion ban.

A state law prevents judges from finalizing a divorce if a woman is pregnant, since a custody agreement must first be in place. And a custody agreement cannot be completed until the child is born. The law contains no exceptions for survivors of domestic violence.

Missouri lawmakers on Wednesday considered a bill from Rep. Ashley Aune, a Kansas City Democrat, that would undo what she describes as an “archaic loophole” in state law. The bill would clarify that pregnancy status does not prevent a judge from finalizing a divorce or legal separation.

“I was horrified and confused,” Aune said of learning about the state law.

The current law, she said, is intended to guarantee child support for the mother and the child. But it has unintended consequences for people in domestic violences situations, she said.

“Women in domestic violence situations can potentially be trapped in a marriage and be unable to sever that legal tie with somebody if they’re pregnant,” she said.

Aune said she learned about the state law from Synergy Services, a Kansas City nonprofit that provides services to domestic violence survivors. Sara Brammer, the organization’s vice president of domestic violence services, said her group has long noted issues with the restriction.

Brammer said the law “puts families in a bad position” by prolonging the separation process. It puts survivors of domestic violence in a bind, she said, and allows abusers greater control over their reproductive freedom.

However, it’s not just a hurdle for women. Men and families are also affected by the legislation, she said.

“This rule broadly impacts families,” she said. “It does impact women in domestic violence situations potentially disproportionately, but when families in general need to seek a divorce or a formal separation … I think we really struggle.”

The law, she said, is contrary to the idea that life begins at conception — an argument used by defenders of Missouri’s near-total ban on abortion, which went into effect in 2022 after the U.S. Supreme Court struck down the federal right to an abortion.

“It kind of flies against the idea that life begins at conception,” she said. “If we’re going to go with that, then we need to really support the idea that conception is when life begins. We can move on from the needing to establish paternity (after birth).”

Under the current state law, there are eight questions asked of people when they file for divorce in Missouri, including whether “the wife is pregnant.” If so, the divorce can continue if the attorney chooses but it cannot be finalized until the woman is no longer pregnant, according to previous reporting.

The Star highlighted this issue in 2022 shortly after Missouri’s abortion ban went into effect, speaking with advocates, attorneys and survivors of domestic violence, including many who called the law outdated.

Arizona, Arkansas and Texas have laws similar to Missouri’s, according to the American Pregnancy Association.

The Missouri House Emerging Issues Committee held a hearing on Aune’s bill on Wednesday. Rep. Bill Hardwick, a Dixon Republican who chairs the committee, said he doesn’t expect a partisan divide on Aune’s bill.

“I don’t think it’s an entirely crazy idea,” he said of Aune’s legislation. “I think she’s raised an important issue.”

But if the legislation passes the House it could face an uphill battle in the Senate, which has been gripped by GOP infighting.

Sen. Denny Hoskins, a Warrensburg Republican, said in an interview that he would support allowing divorces in cases of domestic violence, but was not in favor of closing the loophole that prevents pregnant women from getting divorced.

“I think that those would be very rare and infrequent circumstances,” Hoskins, who is a member of the hard-right Missouri Freedom Caucus, said of divorces in cases of domestic violence.

“Just because the husband and wife are not getting along, or irreconcilable differences, I would not consider that that would be a good reason to get divorced during a pregnancy.”

Aune on Wednesday acknowledged that she’s not an attorney and that her bill is still a work in progress. But, she said, it’s an important piece of legislation — especially in Missouri.

“In a state where we are currently forcing women to carry babies to term, I think it’s important that, you know, women who are in that position who are also looking to get out of a marriage have the capacity to do so,” she said.