Missouri Is Changing When Pregnant Women Can Get Divorced

Missouri is set to alter the timing of divorce proceedings for pregnant women, with a new law scheduled to take effect on August 28. The legislation, signed by Republican Governor Mike Kehoe in April, explicitly prohibits judges from delaying divorce proceedings solely due to a spouse's pregnancy. Historically, courts in Missouri required resolution of custody and paternity issues before finalizing a divorce, a practice that critics argued trapped vulnerable individuals, particularly domestic violence survivors, in abusive marriages.

Legal experts explain that the delay was intended to ensure legal certainty, particularly regarding medical coverage and paternity establishment. However, the new law does not specify whether courts should address child-related issues before or after the birth of the baby. Missouri lawmakers passed the measure with bipartisan support following the case of domestic violence survivor Cecelie Williams, who attempted to leave an abusive marriage while pregnant but was denied a divorce by a judge.

The governor praised Williams for her role in pushing for the reform. While no state explicitly bans a judge from finalizing a divorce for pregnant spouses, Texas often delays divorce until after birth due to procedural and practical reasons. In Texas, parentage is presumed if the child is born during or within 300 days of the marriage, which complicates the divorce process if the child is still unborn.

Legal professionals in Texas also highlight potential financial implications, such as the community estate growing while the divorce is pending. Despite the new Missouri law, judges will retain the authority to delay proceedings for other reasons, including disputes over property, custody battles, health concerns, and evidentiary issues.