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Missouri Lawmaker Proposes Allowing Divorces During Pregnancy

The Missouri State Capitol stands on Sept. 16, 2022, in Jefferson City, Mo. A Missouri lawmaker has introduced legislation in Feb. 2024, to spell out that the state’s judges can grant divorces

A recent legislative proposal in Missouri aims to address the issue of finalizing divorces for pregnant women. While the state's divorce law does not explicitly prohibit divorces for pregnant women, judges often refrain from finalizing divorces when one spouse is pregnant. This practice is not unique to Missouri and is also observed in other states like Texas.

Divorce lawyers explain that the reason behind this practice is to ensure that the custody and child support terms of the divorce are accurately determined, taking into account the potential impact of a child on these arrangements. Additionally, the lengthy process of finalizing a divorce means that circumstances may change significantly during the course of the proceedings, such as the birth of a child with special needs.

Advocates of the current practice argue that it is not intended to be punitive towards pregnant women but rather to consider the best interests of the child. They suggest that addressing issues related to abusive relationships should begin with seeking protective orders rather than pursuing divorce during pregnancy.

Proposed Legislative Changes

Missouri Rep. Ashley Aune has introduced legislation to clarify that divorces can be finalized even when one spouse is pregnant. The proposal has garnered support from various groups, including those advocating for victims of domestic violence. They argue that the current restriction on divorces during pregnancy can create unnecessary obstacles for individuals seeking to leave abusive relationships.

While the outlook for the legislation remains uncertain, with concerns about its advancement in a legislature dominated by a different political party, proponents emphasize the need for policies to adapt to modern times. The proposed changes aim to address the practical challenges faced by pregnant women seeking divorce and ensure that their rights are protected.

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