The state of Missouri, with one of the most restrictive abortion laws, has become a torture for pregnant women if their husbands are abusive.
Many discover that, despite the psychological and physical abuse, they cannot complete the divorce request precisely because of their state of pregnancy.
Under Missouri regulations, which have garnered national interest lately, every divorce applicant must disclose whether she or he is pregnant. In practice, it means, according to jurists, that pregnant women are prohibited from claiming the legal dissolution of their marriage. Even the usual arguments, such as discovering that the husband has a relationship with another person, do not work in this case, and the prohibition is imposed. Texas and Arkansas also have similar laws, although their enforcement is much more lax.
Ashley Aune, a Democratic state legislator, considered that the origin of this 1973 regulation had a noble inspiration. It was put in place to try to ensure that the mother and her child were supported through custody and support agreements after childbirth.
But the law is made, the trap is made, and this measure has meant erecting barriers for those who intend to divorce, while contributing to perpetuating a situation of domestic violence. Although there are no concrete figures, state care services and women's care organizations receive complaints from many pregnant women who must continue to endure abuse.
Activists warn that the law facilitates reproductive coercion, a term that means another person controls a woman's autonomous reproductive will. Common examples include forcing a woman to continue or terminate a pregnancy, sabotaging a birth, or tracking her ovulation cycle.
Legislator Aune presented a bill a few days ago in the state house that would offer family court judges greater discretion to resolve divorce cases involving pregnant women. “I want a judge to be able to study a matter and say ‘this is the right thing to do’ in situations where it is urgent to ratify the official separation.” It has not yet been scheduled when it will be put to a vote.
Homicide in Missouri was the third leading cause of death for pregnant women between 2018 and 2022. In the majority of cases (75%), this circumstance occurred among Black women, according to a 2023 report by the Department of Health from the same state that examines maternal mortality data. In each case, the abuser was the current or former partner.
In 2022, at least 23,252 people received care after reporting domestic violence.
Those responsible for the alliance against this type of violence stressed that it is no exaggeration to say that legislative change would be a way to save lives. Authorizing divorce would give the pregnant woman control over her existence.
