Lawmaker Trying to End Missouri’s Ban on Divorce for Pregnant Women

JEFFERSON CITY, Mo. – A state lawmaker from Kansas City is trying to overturn a longstanding law in Missouri that prevents pregnant women from getting a divorce.

As it currently appears on the books, the law bars judges from finalizing a request for a divorce or legal separation by a pregnant woman until after she gives birth.

State Rep. Ashley Aune, D-Kansas City, is seeking to change that with a bill that would “clarify” the language of the existing law and specify that courts cannot refuse to enter a judgment of divorce on the basis of pregnancy.

“This is an issue that resonates with so many people, not just women,” Aune said in a written statement.

“In the context of the state of Missouri, a state that has one of the most draconian abortion bans, I understand why it’s being framed as a women’s issue,” she said.

Missouri effectively banned abortion in June 2022, including in cases of rape and incest.

Aune said her bill, HB 2402, focuses on having the freedom to legally bind yourself and then legally unbind yourself from another individual, despite pregnancy.

At present, the bill, which has three co-sponsors, is in committee and has not yet been placed on the House calendar.

Only three other states — Texas, Arizona and Arkansas — have laws similar to the one in Missouri. 

Aune said the issue was first brought to her attention when she visited Synergy Services, a local domestic violence shelter. 

In an interview on KCUR, Kansas City’s NRP and news station, Aune explained that while visiting the facility, she was told that they see a lot of women who are victims of reproductive coercion. Their partners are manipulating or limiting their access to birth control and essentially keeping them pregnant. 

Aune said her hope is her bill will allow women in abusive relationships to be separated from their spouses prior to having their child. 

According to a study done by the Missouri Department of Health and Senior Services, between 2007 – 2014, 4.9% of women surveyed reported physical intimate partner violence by a husband or partner before or during pregnancy. 

Another study published in the Journal of the Royal Society of Medicine, “Acknowledging a Persistent Truth: Domestic Violence in Pregnancy,” found that abuse can have effects on both the mother and the fetus, such as low birth weight, preterm delivery and small size for gestational age. 

However, this current law not only affects women. It can create a situation which affects men as well, keeping them in a marriage they do not want if their wife gets pregnant on purpose, or has an affair with another man. 

Opponents of the bill argue that child custody and support settlements will be different depending on the number of children that you have, so it makes sense that the current law makes you wait until after you have given birth. 

Aune said in an interview that she recognizes that the law is trying to find the best solution for the mother and baby, but issues like spousal and child support can wait in an emergency situation. 

Because Republicans hold a super majority in the state House, Aune said she does not expect her bill to succeed as a stand alone bill. 

She said her hope is that she can get it added to another bill that is currently moving through the house, but will work to get it passed either way. 

She has been working across the aisle to get support for her bill and if it does not pass this year, she said she has lawmakers on both sides interested in co-sponsoring this bill. 

“If we are living in a state where we are forcing women to carry pregnancies to term, then we need to make sure that they have an opportunity to escape a bad situation if there is one,” Aune told KUCR.

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