Can pregnant women get divorced in Missouri? This subject has caused considerable confusion – especially in the midst of an ongoing debate over a woman’s constitutional right to an abortion. But is there any truth to this rumor? It seems inconceivable that a woman would lose the right to a divorce just because she is with child. But then again, each state handles divorce law in slightly different ways. This is of course one of the most notable benefits of our Republic – and it is also one of the most notable sources of controversy. 

If you are confused about your state’s divorce laws, it always makes sense to get in touch with an experienced divorce attorney. A legal professional can not only advise you on matters related to pregnancy, but also finances, custody, and more. 

A Misconception

The rumor about pregnant women not having the right to a divorce is something of a misconception. While it is true that pregnant women must disclose the fact that they are with child to a judge, there is nothing that stops them from getting a divorce. 

But why are pregnant women required to disclose this information in their petition for divorce? According to the State of Missouri, it is sometimes beneficial to delay a divorce until after the child is born. This makes it easier to settle paternity and custody issues before the finalization of the divorce. Instead of merely assuming that the husband is the father of the child, things can be handled in a much more accurate manner after the child is born. As many legal experts have pointed out, you cannot grant visitation rights to a fetus or a child in utero, as this entire concept is completely speculative. 

In other words, this is all to ensure the best interests of the child.

This continues to cause controversy, however – not least because Missouri was the first state to ban abortion after the overturning of Roe vs. Wade. Critics of this state will look for any possible excuse to deride its legal system – and its somewhat unique approach to pregnancy in divorce is ripe for finger pointing. Some have pointed out that this law is a violation of the Equal Rights Amendment, which prohibits discrimination based on gender.