Missouri law bars divorce during pregnancy – even in cases of violence
Missouri law bars divorce during pregnancy – even in cases of violence
The statute, which can lead to reproductive coercion in a state that has banned abortion, has recently gained nationwide attention
The statute, which can lead to reproductive coercion in a state that has banned abortion, has recently gained nationwide attention
At six months pregnant, H decided enough was enough. She had endured years of abuse from her husband and had recently discovered he was also physically violent towards her child. She contacted an attorney to help her get a divorce.
But she was stopped short. Her lawyer told her that she could not finalize a divorce in Missouri because she was pregnant. “I just absolutely felt defeated,” she said. H returned to the house she shared with her abuser, sleeping in her child’s room on the floor and continuing to face violence. On the night before she gave birth, she slept in the most secure room in the house: on the tile floor in the basement, with the family’s dogs.
Under a Missouri statute that has recently gained nationwide attention, every petitioner for divorce is required to disclose their pregnancy status. In practice, experts say, those who are pregnant are barred from legally dissolving their marriage. “The application [of the law] is an outright ban,” said Danielle Drake, attorney at Parks & Drake. When Drake learned her then husband was having an affair, her own divorce stalled because she was pregnant. Two other states have similar laws: Texas and Arkansas.
This Christofascist shit is getting out of control. On what planet is a woman staying with her abuser a good thing? What do you think is going to happen to her child if she stays?
If a pregnant woman is wanting a divorce, you can be certain of two things: 1) there's a reason for it, and 2) that reason is none of your fucking business. The party of small government, ladies and gentlemen.
One of the most depressing statistics that we all should be aware of: the murder rate for women goes up when they become pregnant.
It's not rape if you're married.
Gotta stay married if you're pregnant.
Some states have codified: pregnant, bare foot and chained to the stoves
'Merica!
What is wrong with these people?
We need to start an organization that helps to rehome any woman in one of these states to a state with sane laws.
I feel truly sorry for the women who have been brainwashed since birth to agree with these laws that subjugate them, and continue to vote for the people passing them.
That is perfectly consistent within Missouri. In their eyes, allowing same-sex marriages is "bad" while doing things like this is "good".
Ironically, despite what the Bible says - e.g. in Peter 3:7 commanding husbands to likewise treat their wives with respect, and the punishment of literal death commanded for adultery.
So they are doing the opposite of what the Bible commands themselves, while still using that book as justification for working to overturn things like Roe v. Wade for everyone else. Jesus Himself must be livid at how these hypocrites are abusing His name, and polluting the message of "show love/kindness to one another my dudes, especially those who you disagree with". People are literally dying.
If this had been a law for me, I and my children might very well be dead now.
Misery indeed
Conservatives believe women are property. Property does not get to make decisions. Only property owners may make decisions.
There is no "good conservative" alive today.
Isn't this a TV series on netflix... Oh yeah The Handmaid's Tale...
The "we just want to stop wh*res to use abortion as birth control" crowd does not stop at just abortion...
“Proud Slave State” Missouri has that law??
Weird.
So Idiocracy and Handmaids tale are manuals now.
Sounds like these southern courts should meet the peoples militia.
I adore a lot of individual Americans. Some of the best people I know have lived their entire lives in the USA. But for the last 20 or so years official US policy decisions have become harder and harder to agree with and this is an example of that. So many US citizens are better than their system - they really need to demand a change to politicians/justice systems/etc that better represent them.
Blessed be the fruit.
What the fuck‽
I remember when California had law like this. The spirit of the law was basically judicial efficiency: The state didn't want two different hearings for divorce and child custody, so if a baby was on the way they wanted to wait so that all details of the divorce could be decided at once.
Of course, enforcement of this law is awful for women absent any other measures to protect them from abuse, so California wisely repealed the law.
No chance a red state will give a shit about women enough, unfortunately. This will be deliberately used to harm women.
I'm embarrassed for my state.
Let me guess: also one of those states where you can't charge your spouse for rape either.
The proud state of child marriage, inbreeding, and the kkk.
Another flyover State.....but it's Boeing so I ain't going.
The article makes it clear that the intent of the legislation was more positive, albeit fraught, than many seem to think from the text here alone. However, it is clear to most that it is misapplied in many cases. It also goes on that there is recently introduced, currently pending legislation to improve the situation. Let’s hope it succeeds.
Disgusting
I am such disbelief I don't know what to comment anymore...
When a culture has high levels of conscientiousness and low levels of openness, it results in this. It did in the 30s as well.
As ridiculous as this law is, it seems like the article makes out that not being able to get divorced means more domestic violence but I don’t quite understand the implication. You can still move out/leave whether a piece of paper says you’re married or not, right?
H returned to the house she shared with her abuser, sleeping in her child’s room on the floor and continuing to face violence
Why did she return? So if she was told she could get divorced would she have returned?
I'm a guy and I'm here to say that my wife is angry about this. Hold on let me tell her to stop tapping and wash the dishes and feed the kids!... anyway, yes we want their rights back! 😜
C'mon chicks...revolt! I'm just being sarcastic plus I would never call anyone a chick. But yeah, fuck yeah revolt! WTF!
Horrible law but I don't really get what it does in reality. I guess guarantees the husband is on the birth certificate?
Divorce takes a long time, and I don't see why you couldn't get permanently separated and move out for the duration of the pregnancy, do exactly the same things as you would do divorced. They can't force you to live in the same house.
I guess there's financial coercion, if you need child support to pay for things for the kids you wouldn't get it until a divorce is finalized. And you wouldn't be able to buy a house while legally married or it would get tangled up with the divorce.
Like I said, bad law, but the impacts seem a bit muted by the fact that you can't actually force someone to stay in a relationship.
Y'all are so reactionary it's pitiful. Arizona, Arkansas, California and Texas also have this law. In Michigan the judge makes the call.
Nothing is stopping a woman from leaving or beginning divorce proceedings. All these laws mean is that they cannot finalize a divorce while pregnant. And that makes sense because:
- Especially when a couple is divorcing, they may have other intimate partners. A pregnancy at this time might have unclear paternity, and the court may require a DNA test of the baby after it's born.
- The court may not believe it's urgent to order a newborn visitation schedule before there's a baby to visit. In the meantime, one parent could move a long distance, and then they'd need a different visitation arrangement.
- If the baby is born to a newly divorced parent, the parent is likelier to qualify for public assistance. The state wants the baby to be born to married parents to make it easier to hold them both financially accountable for the child.
- The court wants to avoid ordering child support before there's a child to support. If parents lose or gain jobs, the support amount will have to be recalculated.
- The court needs to know if the baby is born with an illness, disability or other condition that requires extra parental attention or generates high doctor bills.
- You could be surprised with twins.
- If there's a concern about your fitness to parent, the judge may appoint a custody evaluator or social worker to observe you with the child.
- A home visit by a social worker can verify that the child exists and lives in the state.
- Generally, courts don't have authority to make orders affecting unborn babies. Once a baby is born, it's legally a person and a state resident.
https://www.custodyxchange.com/topics/divorce/divorce-while-pregnant.php
