Y'all are so reactionary it's pitiful. Arizona, Arkansas, California and Texas also have this law. In Michigan the judge makes the call.
Nothing is stopping a woman from leaving or beginning divorce proceedings. All these laws mean is that they cannot finalize a divorce while pregnant. And that makes sense because:
- Especially when a couple is divorcing, they may have other intimate partners. A pregnancy at this time might have unclear paternity, and the court may require a DNA test of the baby after it's born.
- The court may not believe it's urgent to order a newborn visitation schedule before there's a baby to visit. In the meantime, one parent could move a long distance, and then they'd need a different visitation arrangement.
- If the baby is born to a newly divorced parent, the parent is likelier to qualify for public assistance. The state wants the baby to be born to married parents to make it easier to hold them both financially accountable for the child.
- The court wants to avoid ordering child support before there's a child to support. If parents lose or gain jobs, the support amount will have to be recalculated.
- The court needs to know if the baby is born with an illness, disability or other condition that requires extra parental attention or generates high doctor bills.
- You could be surprised with twins.
- If there's a concern about your fitness to parent, the judge may appoint a custody evaluator or social worker to observe you with the child.
- A home visit by a social worker can verify that the child exists and lives in the state.
- Generally, courts don't have authority to make orders affecting unborn babies. Once a baby is born, it's legally a person and a state resident.
https://www.custodyxchange.com/topics/divorce/divorce-while-pregnant.php