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State Rep. Ashley Aune, a Democrat and the Missouri House Minority Whip, introduced a bill that would amend the state’s divorce law to allow pregnant women to get divorced. (Screengrab via WDAF).

A Missouri lawmaker says it is time to end an archaic law that forces pregnant women to stay in potentially dangerous marriages.

HB 2402 amends the state’s existing divorce law to remove the requirement that a pregnant woman wait until she gives birth in order to get divorced and to specifically state that “pregnancy status shall not prevent the court from entering a judgment of dissolution of marriage or legal separation.”

In Missouri, as in Texas, Arizona, and Arkansas, the current law requires that a pregnant woman has given birth before any child custody or child support order is finalized. A married couple are permitted to file for divorce while the wife is pregnant, but the court cannot issue a final order of divorce or even legal separation given that custody or support orders would be a necessary part of those decrees.

In other states, married parties are permitted to go through the entire divorce process regardless of whether a party is pregnant. A child born to the parties after a divorce is finalized would simply become the subject of a post-judgment proceeding or independent custody or support proceeding.

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