Why Missouri currently doesn't allow pregnant women to be legally divorced

A Missouri lawmaker has introduced legislation to clarify that the state’s judges can grant divorces even when one spouse is pregnant.

The notion that they can’t already has sparked anger from people who see it as an antiquated policy that controls women unfairly, possibly trapping them in abusive marriages.

But divorce lawyers say the practice – which goes beyond Missouri – is not meant to be punitive for pregnant women and has some important practical benefits.

Here’s a look at the issue.

CAN PREGNANT WOMEN GET DIVORCED?

The Missouri law on divorce does not specifically bar finalizing divorces for pregnant women, but “whether the wife is pregnant” is one of the eight pieces of information — along with things like where the parties live and when they separated — that's required when someone files for divorce.

Lawyers and advocates say judges in Missouri and some other states do not finalize divorces when a woman in the couple is pregnant. But that doesn't prevent someone from starting the process during a pregnancy.

Nevada Smith, a St. Charles, Missouri, lawyer who handles divorces, said it makes sense that judges will not finalize divorces during a pregnancy because a child would impact the custody and child support terms of a divorce. And divorces usually take months, even in the rare ones without contested issues.

“You kind of need to know if you have two children or if you have three,” he said.

Or a child born with special needs could change the equation, too.

The situation is similar in other states, said Kris Balekian Hayes, a Dallas-based lawyer who handles divorces. She said that Texas judges also don't finalize divorces during a pregnancy of one of the spouses. Exactly which other states have similar practices