Aiexpress – Missouri lawmaker calls for an end to an outdated law that compels pregnant women to remain in potentially hazardous marriages.
HB 2402 is a proposed amendment to the state’s current divorce law. The amendment aims to eliminate the requirement for a pregnant woman to wait until she gives birth before being eligible for a divorce. Additionally, the amendment explicitly states that a woman’s pregnancy status should not hinder the court from issuing a judgment of dissolution of marriage or legal separation.
In Missouri, Texas, Arizona, and Arkansas, the existing law mandates that a woman must have already given birth before any child custody or child support order can be officially established. Although a married couple can initiate divorce proceedings while the wife is still pregnant, the court is unable to issue a final divorce decree or even legal separation since custody and support orders are integral components of these decrees.
In other states, couples who are married are allowed to proceed with the entire divorce process, even if one of the parties is pregnant. If a child is born to the couple after the divorce is finalized, the matter would be addressed through a post-judgment proceeding or a separate custody or support proceeding.
According to the lawmaker who put forth the proposal, it is high time to remove the outdated rule from the legislation.
State Representative Ashley Aune, a Democrat and the Missouri House Minority Whip who sponsored the bill, expressed her disbelief at the lack of logic in the situation in 2024.
The reason behind the requirement for children to be born before the finalization of a divorce likely originates from the concept of the “presumption of legitimacy.” In the past and even now in most states, when a married woman gives birth, her husband is automatically considered the legal father of the child. However, this presumption can be challenged by either the spouse or a third party through genetic testing and a corresponding legal process to establish someone else as the child’s legal father.
The presumption of legitimacy serves the crucial purpose of reducing the occurrence of children being born without legal parentage. By doing so, it ensures that children retain their legal entitlement to receive financial support.
Matthew Huffman, from the Missouri Coalition Against Domestic & Sexual Violence, emphasized the life-saving potential of this legislation.
During the hearing, Huffman expressed her support for the bill and emphasized the significant impact that the specific provision could have on the well-being and safety of women and infants.
Julie Donelon, the CEO of the Metropolitan Organization to Counter Sexual Assault (MOCSA), testified on behalf of HB 2402 during the public hearing held on Feb. 7. She emphasized the pressing issue of women trapped in sexually violent marriages, a danger that her organization is all too familiar with.
According to Donelan, there were some alarming statistics.
Homicide stands as the primary cause of death for pregnant women, as stated by Donelan. He further emphasizes that women in the United States face a higher risk of being murdered during pregnancy or shortly after giving birth compared to succumbing to the three leading pregnancy-related causes of death.
According to Donelan, the HB 2402 bill will provide crucial support for survivors of domestic and sexual violence who are attempting to leave abusive relationships. Donelan expressed gratitude towards Rep. Aune for introducing this bill, emphasizing that it has the potential to save women’s lives and enable them to safely exit abusive marriages.
After the legislative committee votes in favor of the bill, it will proceed to a hearing before the entire Missouri House of Representatives. Following this, it will then progress to the state Senate and ultimately reach the desk of Republican Gov. Mike Parson for his signature, making it law.
