this post was submitted on 15 Mar 2024
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The statute, which can lead to reproductive coercion in a state that has banned abortion, has recently gained nationwide attention

At six months pregnant, H decided enough was enough. She had endured years of abuse from her husband and had recently discovered he was also physically violent towards her child. She contacted an attorney to help her get a divorce.

But she was stopped short. Her lawyer told her that she could not finalize a divorce in Missouri because she was pregnant. “I just absolutely felt defeated,” she said. H returned to the house she shared with her abuser, sleeping in her child’s room on the floor and continuing to face violence. On the night before she gave birth, she slept in the most secure room in the house: on the tile floor in the basement, with the family’s dogs.

Under a Missouri statute that has recently gained nationwide attention, every petitioner for divorce is required to disclose their pregnancy status. In practice, experts say, those who are pregnant are barred from legally dissolving their marriage. “The application [of the law] is an outright ban,” said Danielle Drake, attorney at Parks & Drake. When Drake learned her then husband was having an affair, her own divorce stalled because she was pregnant. Two other states have similar laws: Texas and Arkansas.

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[–] Yawweee877h444@lemmy.world 7 points 8 months ago (1 children)

Another state to avoid at all costs.

[–] can@sh.itjust.works 4 points 8 months ago

Bringing the total to fifty.

[–] captainlezbian@lemmy.world 6 points 8 months ago

What the fuck‽

[–] BreakDecks@lemmy.ml 6 points 8 months ago

I remember when California had law like this. The spirit of the law was basically judicial efficiency: The state didn't want two different hearings for divorce and child custody, so if a baby was on the way they wanted to wait so that all details of the divorce could be decided at once.

Of course, enforcement of this law is awful for women absent any other measures to protect them from abuse, so California wisely repealed the law.

No chance a red state will give a shit about women enough, unfortunately. This will be deliberately used to harm women.

[–] Plasma@lemmy.ml 5 points 8 months ago

I'm embarrassed for my state.

[–] CileTheSane@lemmy.ca 4 points 8 months ago

Let me guess: also one of those states where you can't charge your spouse for rape either.

[–] theherk@lemmy.world 3 points 8 months ago

The article makes it clear that the intent of the legislation was more positive, albeit fraught, than many seem to think from the text here alone. However, it is clear to most that it is misapplied in many cases. It also goes on that there is recently introduced, currently pending legislation to improve the situation. Let’s hope it succeeds.

[–] DancingBear@midwest.social 3 points 8 months ago (2 children)

Can’t you just lie and say you are not pregnant? By the time they prosecuted you wouldn’t be pregnant anymore. Also, fuck Missouri

[–] NatakuNox@lemmy.world 7 points 8 months ago (1 children)

Divorce takes several months and even years. You'd definitely be showing long before. Plus I'm sure this will lead to requiring women to be tested for pregnancy before they can even file for divorce. Remember, Handmaids Tale levels of control over women is their ultimate goal hear.

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[–] OldWoodFrame@lemm.ee 5 points 8 months ago (1 children)

I want to know what happens if you're 3 weeks pregnant or something when you file and you don't know you're pregnant yet. Does this law annul such a divorce?

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[–] moon@lemmy.cafe 3 points 8 months ago

The proud state of child marriage, inbreeding, and the kkk.

[–] werefreeatlast@lemmy.world 3 points 8 months ago

Another flyover State.....but it's Boeing so I ain't going.

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