Four States Ban Divorce for Pregnant Women

There are four states where judges cannot legally finalize a divorce if a woman is pregnant with no exception for cases involving domestic violence, according to The American Pregnancy Association.  While the laws in Missouri, Texas, Arizona, and Arkansas allow for couples to file for divorce, the court must wait until after a woman gives birth in order to finalize child custody and child support.

Two of these states – Missouri and Texas – are subject to trigger laws where, since the overturning of Roe v Wade in June 2022, abortions are automatically banned in the first and second trimesters of pregnancy.   Since the Supreme Court rolled back abortion rights, horrific cases have been reported including an Ohio woman being charged with abusing a corpse after having a miscarriage in a toilet and a Texas woman being denied an emergency abortion by the state Supreme Court after her baby was diagnosed with a rare genetic condition that would likely lead to a miscarriage or stillbirth.

Election strategists have been anticipating abortion and bodily autonomy to be a leading issue in the upcoming election after having a major impact on off-year elections, including Ohio making a special ruling to enshrine abortion protections into law.

A report from Missouri’s Department of Health and Senior Services found that nearly 5% of women between 2007-2014 were abused either before or during pregnancy. That equates to about 500 women out of the 10,098 women surveyed.

Similarly, a study from the Journal of Women's Health released a study in 2015 that 3%-9% of women experience abuse during pregnancy, showing that low-income, predominantly single women were particularly vulnerable to intimate partner violence during that period of time.

This month, Missouri State Rep. Ashley Aune introduced a bill earlier this month to undo the legislation to ensure single mothers receive child support.   "This legislation could literally save lives,” said Matthew Huffman who is affiliated with the Missouri Coalition Against Domestic & Sexual Violence. “For abusive partners they might be using reproductive coercion and control to keep their partner pregnant so that they can’t ever actually be granted a divorce.”