An Insane Missouri Law Prevents Pregnant Women From Getting Divorced—Even If They’re Victims of Domestic Violence
vanityfair.com
State representative Ashley Aune is trying to fight it, but doesn’t have high hopes.
Something you might have picked up on over the last several weeks/years/centuries is that there are a disturbing number of people in power who will go to great lengths to control women in America. Not convinced? Thinking of citing the fact that in some countries, women are stoned to death (as though that makes what happens here okay)? Then we’d like to make you aware of a law in Missouri that says pregnant women cannot get a divorce finalized if they’re pregnant—even if said pregnant people are victims of domestic violence.
You are viewing a single comment
This is common. In Tennessee, a judge won't divorce you if pregnant because it would effectively bastardize the child. By statute, there is a presumption that husband is dad if wife is impregnated during marriage. You can't divorce without a parenting plan. So you have to wait until birth to rebut the parentage presumption. I had a client try to get around it by requesting a test of the amniotic fluid, but the judge wouldn't allow it because of the potential harm to the child.
It's probably more about preventing the state from becoming liable to help the child than anything about bastards.
"Bastardize" is a term of art, essentially meaning having no legal father at birth. The whole reason the state cares about preventing bastards is because they typically require more state services than non-bastardized children.