Summary

The article discusses the legal challenges and potential reforms regarding divorce laws for pregnant women in certain U.S. states, particularly focusing on Missouri's efforts to overturn a law that prohibits pregnant women from divorcing their husbands, even in cases of abuse.

Abstract

In the United States, where maternal mortality rates are already alarmingly high, pregnant women face additional risks due to draconian divorce laws in states like Missouri, Arkansas, and Texas, which prohibit them from divorcing their partners. This legal barrier persists despite the fact that pregnancy is a period when women are most vulnerable to abuse, with homicide being the leading cause of death among pregnant women. The article highlights the efforts of Missouri state representative Ashley Aune, who has introduced bill 2402 to reverse this archaic law, with the support of domestic violence agencies and some Republican legislators. The bill aims to provide pregnant women with the right to divorce, ensuring their safety, security, and financial stability during a critical time. The opposition, led by Republican senator Denny Hoskins, reflects a broader societal issue where pregnant women's rights are not prioritized, despite the need for increased protection and autonomy during pregnancy.

Opinions

The author believes that the current laws prohibiting pregnant women from divorcing are outdated and harmful, particularly in light of the high rates of abuse during pregnancy.
The article suggests that the inability to divorce while pregnant can trap women in dangerous and abusive situations, with severe consequences for their safety and well-being.
There is a clear stance that pregnant women should have enhanced rights and protections, not fewer, and that the current laws are a step backward in ensuring these rights.
The author commends the bipartisan support for the bill, indicating that the issue transcends political boundaries and that there is an understanding among some lawmakers of the importance of protecting pregnant women's autonomy.
The author expresses frustration with Senator Denny Hoskins' opposition to the bill, viewing it as an impediment to progress and women's rights.
The article emphasizes the urgency of removing such laws from the books to prevent their spread and to align with the broader goal of protecting the rights and lives of pregnant women.

The Pregnancy Trap — Draconian Divorce Laws for Expectant Women

How one state is looking to overturn a law that forbids a pregnant woman from divorcing her husband

In the United States, a country that already has the worst maternal mortality rate of any developed country, the thing most likely to kill a pregnant woman is homicide.

One of the most joyful times of a woman’s life is often when she’s pregnant. Well, for most — some don’t get that ‘glow’ they just get cankles and acne. But it is also the most vulnerable a woman will ever be.

“1 in 6 abused women is first abused during pregnancy. More than 320,000 women are abused by their partners during pregnancy each year.” reports March of Dimes

When you compare that to how many pregnant people there are every year, it’s staggering. In 2021, there were 3.7M live births — which means somewhere around 10% of pregnant women are abused.

But wait, there’s more. While some women first experience abuse during pregnancy, for those already in abusive situations their partner may use tactics like reproductive coercion. Reproductive coercion is a pattern of behavior used by abusive partners to maintain power and control over their partners reproductive health.

In addition to abuse, the leading cause of death by pregnant women is homicide. It’s double the rate of death from the other top causes of maternal mortality, hypertension, hemorrhage, and infection — combined.

There are currently three states, Missouri, Arkansas and Texas, that legally prohibit pregnant women from divorcing their partners. Arizona deserves a dishonorable mention too, it’s not outlawed but it’s not commonly granted.

This prohibition of divorce includes in cases of physical or sexual abuse.

Oh, and the three states legally refusing to let pregnant women get divorced abortion is banned. So if you get pregnant, you’re double stuck.

The ability to divorce your partner while pregnant, is a step towards getting yourself out of a situation you don’t want to be in. Finalizing a divorce is important for pregnant women trying to escape their marriage. It can help them put safety and security measures in place, create custody agreements (or lackthereof, especially in egregious cases of convicted abuse) and provide financial stability at a time of financial insecurity.

Maybe it’s just me, but pregnant people should have more rights than anybody — not less. Preventing them from getting divorced is ridiculous and draconian. And at a time they are most vulnerable to abuse and murder.

Solutions

One state has the possibility to reverse the draconian law. A charge is being led by Missouri state representative Ashley Aune, with bill 2402, which would overturn that archaic law. She put forward the bill after working with domestic violence agencies in her state, who alerted her to the issue, saying it would save lives.

The undoing of this law could send a powerful message to similar states — and help keep the concept of forbidding pregnant women from leaving a marriage from spreading.

Unfortunately, Aune doesn’t have high hopes for the bill. Her Republican senator, Denny Hoskins, isn’t in favor of supporting her bill. He stated that he would be ok with it only in cases of abuse, but I guess he doesn’t want just any pregnant person to be able to make decisions on their own willy nilly.

So Hoskins, is — well, a dick. But he isn’t necessarily supported by all Republicans in his state. Half of the the bill’s co-supporters are Republican. Half are also men. It’s nice to see some men and Republicans being on the right side of history.

Personally, I don’t know any good men, and the majority of men are, who would want a pregnant women trapped in a place of physical abuse, emotional turmoil and financial instability. The small amount of physically abusive men (not that the number can ever be small enough) who make women vulnerable in pregnancy are the minority; the majority of men would throw hands at a stranger to protect a pregnant woman.

In society, pregnant women (and children) should be the most protected class of humans. But they’re not. Being pregnant shouldn’t restrict you from any rights, ever. That includes divorce.

We need to get laws off the books before they multiply quicker than Trump voters humping like rabbits with no birth control do. After all, look how fast Roe v. Wade crumbled. Many political battles are being fought on the local front, and this is one of them.

Having these laws on the books means these controlling, abusive and cowardly men could use the courts to control their wives and unborn children.

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