The state of Missouri, with one of the most restrictive abortion laws, has become a torture for pregnant women in case of abusive husbands. And some of them discover that, despite the mental and physical abuse, they cannot finish the divorce application precisely because they are pregnant.
Under Missouri's regulation, which has attracted the attention of the United States, every divorce applicant must explain whether she is pregnant. In practice, it means, according to jurists, that pregnant women are prohibited from claiming the legal dissolution of the marriage. Even the usual arguments, such as finding out that the husband is having a relationship with another person, do not work in this case and the ban 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 instituted to try to ensure that mother and child were supported through custody and maintenance arrangements after childbirth.
But the law is done, the trap is done and this measure has meant the lifting of barriers for those who want to divorce, while also contributing to perpetuate a situation of domestic violence. Although there are no concrete figures, the state's care services and women's care organizations receive complaints from many pregnant women who have to 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 the birth or tracking her ovulation cycle.
Legislator Aune presented a few days ago a proposed law in the state chamber that would offer family court judges more 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' in situations where it is urgent to ratify the official separation." It has not yet been scheduled when it will be voted on.
Homicide in Missouri was the third leading cause of death for pregnant women between 2018 and 2022. In most 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 previous partner.
In 2022, at least 23,252 people received care after reporting domestic violence. Those responsible for the alliance against this kind of violence emphasized that it is no exaggeration to claim that the legislative change would be a way to save lives. Authorizing the divorce would give the pregnant woman the possibility of controlling her existence.
