Few people know that a 1973 law in Missouri stops pregnant wives from divorcing, but who knew similar legislation exists in four other states: Arizona, Arkansas, California and Texas?
And as a map below reveals, in nine more states couples wishing to divorce are at the mercy of judges who mostly won’t sanction petitions during pregnancies, say local law firms.
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The decades-old Missouri ban came under the spotlight after Ashley Aune, a Democratic state representative, introduced legislation that could overturn it, saying that it didn’t “make sense in 2024.”
“I filed this bill because pregnancy should not be a barrier to leaving a marriage,” Aune told Newsweek. “I’ve heard far too many stories of domestic violence and infidelity that resulted in an irreparable marriage where the couple was simply unable to divorce due to our existing statute. Whether we’re talking about a woman facing emotional abuse, physical abuse, or reproductive coercion, or a service member deployed overseas whose spouse is unfaithful resulting in a pregnancy—Missourians deserve to have the option to walk away, legally,” she added.
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Aune’s initiative revealed that many across the country and even in Missouri didn’t know about the existence of the ban, which went viral on social media platforms X, formerly known as Twitter, and Reddit.
But similar laws are also in place in Arizona, Arkansas, California and Texas. And in Alabama, Delaware, Hawaii, Indiana, Maine, Mississippi, Nebraska, South Dakota, and Wyoming, judges will likely make couples wait until the baby is born before allowing a divorce.
In the four states where bans are in place, couples may file for divorce while one partner is expecting a baby but must wait until the baby is born for it to be finalized. This has to do with paternity, child custody and child support issues.
According to Arkansas law, the pregnant woman’s husband is assumed to be the child’s father and, should that not be the case, this assumption must be challenged before a divorce is granted. Arizona also requires the husband to disestablish paternity, should they not be the child’s father, with a Waiver of Paternity Affidavit.
In Texas, if the husband is the father of the child, orders for custody and support must be included in the final decree of divorce. If he’s not, paternity must be established after the baby is born. Similarly, California waits to finalize a divorce until a baby is born to establish the child’s paternity. The state already has a mandatory six-month waiting period for all divorces which would cover a big part of a pregnancy.
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No orders on child custody and child support can legally be taken before the baby is born. Arizona, Arkansas, California and Texas courts will not finalize a divorce until they can address all these issues related to child support, child custody and paternity.
While other states allow for a divorce to be finalized during a pregnancy, local law firms report that most judges won’t sign a couple’s divorce decree until the child is born to make sure the issues mentioned above are addressed and all documents final.
This is the case in Alabama, Delaware, Hawaii, Indiana, Maine, Mississippi, Nebraska, South Dakota and Wyoming. States like Tennessee have a long waiting time, in general, for no-faults divorces to be finalized.
Update, 2/29/24 4:25 a.m. ET: This article was updated to include a comment from Rep. Aune.
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