Getting divorced is never an easy choice. When there are children in the mix, divorce can be that much more of a difficult decision to make. Unfortunately, some people take advantage of a pregnant woman’s vulnerability. Some men become physically and emotionally abusive during pregnancy. Others decide to cheat on their spouses. They assume that a pregnant woman cannot leave them due to physical and financial dependence.
For a long time, Missouri law has only helped to strengthen that belief. Previously, pregnant women were not always able to proceed with a divorce until after the end of their pregnancies. A new bill could help expectant mothers get out of unhealthy and unstable marriages without waiting to give birth first.
Lawmakers have proposed important legal changes
There are currently two different House bills (HB 243 and 280) that contain almost identical language. These bills have received high levels of support in the House of Representatives. Both of them have passed with bipartisan support and now await review in the state Senate.
Both bills effectively allow for the dissolution of marriage or the finalization of divorce during a woman’s pregnancy. Currently, the law does not explicitly prohibit finalizing a divorce involving a pregnant woman, nor does it prevent either spouse from filing for divorce during pregnancy.
However, judges may decide to delay the finalization of a divorce until after a woman gives birth. They do so in the hopes that they can enter final orders that accurately reflect the changing household circumstances.
Eliminating the ability to put off granting a divorce due to pregnancy can speed up the family law process for many families. This is important, especially for those experiencing infidelity and domestic violence. These bills could change state law and make the issue no longer one at the discretion of a judge.
Instead of spending their pregnancies in a stressful situation and unsure of the future, pregnant women can potentially move on and start laying a foundation for a better future for their new child. Should either bill pass the Senate and receive support from the governor, divorce statutes could change in a manner that is beneficial for expectant mothers.
Understanding the nuances of Missouri divorce statutes can help people decide when to file and how to handle the legal process of divorce. Women leaving abusive or unfaithful partners may need help achieving their goals, especially if they are currently pregnant.