Pregnant Women in Missouri Cannot Finalize a Divorce

Actress Lana Turner appears on the verge of collapse as she testifies at the inquest into the death of Johnny Stompanato, her gangland boyfriend, on April 11th, 1958. (Photo by Bettman/via Getty Images)

In 1973, a law was passed in Missouri that explicitly requires a divorcing couple to address “whether the wife is pregnant" in a preliminary filing. The law also requires "any arrangements for the custody and support of the children" to be part of the divorce agreement.

Judges in Missouri have typically followed the principle that final divorce orders should not be issued until the pregnancy is concluded. A divorcing couple in the state will often settle other issues involving custody and financial support for previous children, asset and debt division, and preliminary agreements on issues relating to the new baby, according to Kansas City Family Law Attorney Mark Wortman.

Lita Chaplin testified in 1927 in Superior Court in Los Angeles, CA, on her total household expenses for April amounting to approximately $3,300, and said this amount was necessary to keep her and their two children in the fashion in which they were accustomed to live. (Photo by Bettman/via Getty Images)

Under Missouri law, it is presumed that the husband of a pregnant woman is the legal father of the child. However, if the husband has reason to believe that he might not be the child’s biological father, he may challenge it by requesting a paternity test. The court will rely on a post-birth paternity test and will therefore wait to finalize the divorce until all paternity issues are factually determined and child support and custody arrangements can be finalized.

A bill was introduced in January of this year by State Representative Ashley Aune (D-Kansas City), who is seeking to officially remove the legal tradition of waiting to finalize a divorce while pregnant. Missouri Law HB2402, sponsored by Aune, seeks to “clarify” the language of the existing tradition used by the courts and allow a Missouri court “to enter a judgment of dissolution of marriage or legal separation if a person is pregnant.”