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Three states have laws that prevent a divorce from being finalized if the woman is pregnant, and one state has no law, but mandates it anyway.
For pregnant women in abusive marriages, leaving their is spouse already a difficult decision. Their escape is made even harder in the four states that prevent them from getting a divorce.
Arkansas, Missouri, and Texas all have laws that mandate women seeking a divorce to disclose if they are pregnant, and prohibit judges from finalizing the divorce if they are. No such law exists in Arizona, but judges in practice still will not finalize the divorce of a pregnant woman, according to the American Pregnancy Association.
In Missouri, a law from 1973 requires couples to disclose “whether the wife is pregnant" while filing, and the two must finalize "any arrangements for the custody and support of the children." Justices count the gestating fetus as a child, and have therefore interpreted the law to mean until the pregnancy is finished.
Democratic state Rep. Ashley Aune introduced House Bill 2402 earlier this year, which would remove restrictions around divorcing while pregnant. Aune recently told NPR that "I don't honestly feel very hopeful" about its chance of passing in the Republican-dominated state legislature, but she said she felt compelled to try after hearing harrowing stories from survivors of domestic violence.
"How can you look that person in the eye and say, 'No, I think you should stay with that person,'" Aune said. "That's wild to me."
Activists say that the U.S. Supreme Court's overturning of Roe v. Wade in 2022 left pregnant women in abusive relationships with even less control over their lives, and less access to vital resources. Marium Durrani, vice president of policy for the National Domestic Violence Hotline told the outlet that the group received a 100 percent call increase in the year following the ruling.
"We're seeing lots more people citing reproductive coercion, sexual coercion, reproductive abuse, or pregnancy coercion as part of their experience," she said. "I mean, we are getting calls that are very explicitly like 'I am pregnant.' 'I am trying to escape.' 'I cannot get resources where I am or in my state or my locality.'"
If you or someone you know is affected by domestic violence, there is help available. TheNational Domestic Violence Hotline can be reached at 800-799-7233. Other resources can be foundhere.
