In a state where reproductive rights have come under intense scrutiny and erosion, Missouri’s decades-old law that bars pregnant women from finalizing a divorce has raised alarms among advocates and victims of domestic violence. The statute, ostensibly crafted to ensure paternal financial responsibility, has become a shackle for those seeking an escape from abusive relationships. Under this law, women like Destonee, who wished to be identified only by her first name for safety concerns, find themselves instructed to return to their attorneys once their pregnancy has ended to proceed with the divorce.
This legal stumbling block often puts pregnant women in harm’s way, tethering them to marriages that they wish to leave, sometimes at great personal risk. As described by a domestic violence survivor known only as L., the impossibility of divorcing while pregnant felt like an absolute defeat, forcing her to return to an abusive partner. L.’s account of spending the night before giving birth sleeping on a basement tile floor—simply because it was the only room with a lock—is a stark reminder of the danger the current law can impose.
The legislation also emerges in the context of the post-Roe v. Wade era, which has seen a sharp uptick in the use of reproductive coercion as a form of abuse, according to Christina Cherry of Synergy Services. Cherry’s organization has had to turn away thousands seeking shelter, many of whom are dealing with unwanted pregnancies. The overruling of Roe v. Wade added another layer of complexity, with survivors finding themselves with even fewer options to control their reproductive decisions.
State Rep. Ashley Aune, a Democrat, has introduced House Bill 2402 in an effort to allow pregnant women to obtain a divorce in Missouri. Aune, while not optimistic about the bill’s immediate prospects in a Republican-dominated statehouse, insists that the conversations it has sparked, especially among judges, could yield change in the future.
The law does not stand in isolation. Texas and Arkansas have similar regulations, and although Arizona has no specific statute, the practice is still upheld by judges. Collectively, they represent a form of institutionalized disregard for women’s autonomy and safety.
As policymakers and the judiciary in Missouri debate the future of this contentious law, women like Destonee who have managed to finally divorce, regard their freedom with a sense of profound relief and self-respect. They represent the resilience of those who manage to find a way out of dire circumstances, despite the state’s failure to provide the necessary legal support at a critical juncture.
Relevant articles:
– Pregnant women in Missouri can’t get divorced. Critics say it fuels domestic violence, npr.org, 05/04/2024
– These 4 states don’t allow pregnant women to get a divorce, Advocate.com, 05/03/2024