Missouri law says pregnant women can’t get divorced:
As it stands, Missouri judges cannot legally finalize a divorce if a woman is pregnant. Three other states have similar laws: Texas, Arizona and Arkansas. While a couple can still file for divorce in Missouri, the court must wait until after a woman gives birth in order to finalize child custody and child support.
When it comes to domestic violence, there are no exceptions.
@Annie But if they divorce before the child is born, can the dad get out of paying for child support? Can they be legally and physically separated but not divorced?
@Annie The same was true in Indiana, I think, when last I touched a divorce case. At least the Judge’s Bench Book included asking if the wife was pregnant; the decree always included a finding that she wasn’t. I assumed an affirmative answer would trigger a rule against needless bastardy.
@pratik My understanding: legal separation/physical separation can happen but no finalization of divorce while woman is pregnant. Certainly there’s a lot a woman can do, depending on what resources she has, to distance herself from the spouse prior to finalized divorce.
But the whole concept is based on the idea of 1) children as property and 2) the woman’s status as the holder of that property (child-bearer) outweighing her status as an autonomous and individual human with full rights.
In the year of our lord 2024, WTF.
Child support to my understanding is based on proof of paternity which doesn’t depend on marital status.
@Annie //When it comes to domestic violence, there are no exceptions.// This is pretty scary. Even if the couple are allowed to be separated, I’m concerned about the safety of the victim. Does the State guarantee protection? Can the victim get a restraining order at least?
@ridwan In Indiana, a restraining order would not be difficult to get, were one not already in effect.
> Child support to my understanding is based on proof of paternity which doesn’t depend on marital status.
This is what I was unsure of so thanks.
@JohnBrady What a sad story. Unfortunately I think there are many situations where the legalities can easily be manipulated by whoever has access to more resources (i.e. money). @ridwan @ReaderJohn
