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Missouri law bars divorce during pregnancy – even in cases of violence (www.theguardian.com)

submitted 2 years ago by MicroWave@lemmy.world to c/news@lemmy.world

199 comments fedilink hide all child comments

The statute, which can lead to reproductive coercion in a state that has banned abortion, has recently gained nationwide attention

At six months pregnant, H decided enough was enough. She had endured years of abuse from her husband and had recently discovered he was also physically violent towards her child. She contacted an attorney to help her get a divorce.

But she was stopped short. Her lawyer told her that she could not finalize a divorce in Missouri because she was pregnant. “I just absolutely felt defeated,” she said. H returned to the house she shared with her abuser, sleeping in her child’s room on the floor and continuing to face violence. On the night before she gave birth, she slept in the most secure room in the house: on the tile floor in the basement, with the family’s dogs.

Under a Missouri statute that has recently gained nationwide attention, every petitioner for divorce is required to disclose their pregnancy status. In practice, experts say, those who are pregnant are barred from legally dissolving their marriage. “The application [of the law] is an outright ban,” said Danielle Drake, attorney at Parks & Drake. When Drake learned her then husband was having an affair, her own divorce stalled because she was pregnant. Two other states have similar laws: Texas and Arkansas.

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[–] DancingBear@midwest.social 3 points 2 years ago (2 children)

Can’t you just lie and say you are not pregnant? By the time they prosecuted you wouldn’t be pregnant anymore. Also, fuck Missouri

[–] NatakuNox@lemmy.world 7 points 2 years ago (1 children)

Divorce takes several months and even years. You'd definitely be showing long before. Plus I'm sure this will lead to requiring women to be tested for pregnancy before they can even file for divorce. Remember, Handmaids Tale levels of control over women is their ultimate goal hear.

[–] DancingBear@midwest.social -1 points 2 years ago

Showing doesn’t matter but pretty sure if you required women to take a pregnancy test you would have to require men to do the same, and or take a fertility test or what not. Whatever the long term goal is, we steal have to deal with whatever legal reality we are currently in, not where we would be if whoever had their way.

[–] OldWoodFrame@lemm.ee 5 points 2 years ago (1 children)

I want to know what happens if you're 3 weeks pregnant or something when you file and you don't know you're pregnant yet. Does this law annul such a divorce?

[–] NatakuNox@lemmy.world 0 points 2 years ago

No they'll probably just put the mom on the new and improved gas chamber now with N2 gas.