Missouri's new divorce during pregnancy law

For decades, the pregnancy status of a woman could delay the finalization of a divorce in Missouri. Although Missouri law allowed a married couple to file for and proceed with the litigation of a dissolution of marriage case, most judges would not finalize a divorce until after the child was born.

The law is now be changing.  

This year the Missouri General Assembly unanimously passed House Bill 1908, a proposed law which specifies that pregnancy, in and of itself, cannot prevent a court from finalizing a divorce. The anticipated change in the law is a significant development in Missouri family law and does influence married couples currently contemplating divorce while pregnant. The bill is now headed to Missouri Governor Mike Kehoe for signature to be enacted into law.

What is the Previous Law?

Under the current law, Missouri courts have often delayed finalizing divorce judgments when the wife was pregnant. The rationale for the current law is the need to resolve issues involving paternity, custody, child support, and parental rights after the child was born, before the parties were divorced.

The downside of the current law is that it leaves many couples in a legal limbo. Although all of the other divorce issues have been resolved—including property division, debt allocation, and spousal support—the final divorce decree has to be delayed until the pregnancy ends.

For many couples, this delay creates substantial emotional and financial stress during an already difficult time.

What Does the New Divorce During Pregnancy Law Change?

Missouri's new divorce during pregnancy law expressly mandates that the fact that one spouse is pregnant cannot be the sole reason why a court refuses to enter a judgment for dissolution of marriage or legal separation.

To be clear, the new law means that courts may now finalize a divorce judgment without waiting for the child to be born. The new law removes the issue of pregnancy from the question of whether a marriage should be legally dissolved.

Under the new law pregnancy may still affect certain aspects of a divorce case, but it can no longer serve as an automatic bar to obtaining a final divorce decree 

Why Was the Law Developed?

Proponents of the new legislation contend the current system creates unnecessary roadblocks for families seeking to move end their marriage and move on. Lawmakers and advocates alike point to situations in which individuals must remain legally married for months longer than necessary solely because of a pregnancy.

How Will Child-Related Issues Be Handled?

The new proposed law regarding divorce during a pregnancy does not do away with the need to address paternity, custody, parenting time, or child support.

Rather, those issues are handled independently in accordance with the relevant Missouri family law rules. Once the new law takes effect, Missouri family courts will still continue to prioritize the best interests of children and ensure that parental rights and responsibilities are correctly decided.

What The New Divorce During Pregnancy Law Means for Missouri Families

The proposed new law will provide elevated flexibility for parties who are pregnant and want to get divorced. Instead of waiting until after a child is born, the divorcing couple will be able to complete the dissolution process faster and move forward with their financial and personal planning of their new life.

The proposed law change does not make divorce cases involving pregnancy simple, however. Questions involving paternity, future custody arrangements, child support obligations, and parental rights can still create legal headaches that require careful attention.

How The Men's Center for Domestic Resolution Can Help

Dissolution of marriage cases involving pregnancy typically involve unique legal and potentially emotional issues. Attorney Robert Davis at the Men’s Center for Domestic Resolution stays current on changes in Missouri family law and can guide men through the sometimes-arduous family law gauntlet.

If you are a man considering divorce or have been served with divorce papers, have questions about the new pregnancy divorce law, or need assistance protecting your parental and financial rights, attorney Robert Davis is here to help.