In Missouri, pregnant women cannot get a divorce. A new effort wants to overturn it

KANSAS CITY, Mo. (KCTV) - A law on the books in Missouri states a woman can’t get a divorce if she’s pregnant. And the law doesn’t just exist in Missouri.

As KCTV5 dug into the law and what’s being done about it, it became clear there are many women stuck in marriages because of the 50-year-old law.

“I fear the safety of myself and my children’s safety,” said a woman we are referring to as “L.” For years, she endured abuse from her husband.

KCTV5 anchor Sharon Chen asked her when she realized this person was bad and not good for her or her kids.

“I don’t think I truly realized it until it was happening in front of and towards our first-born child,” said L.

The woman filed for divorce, but she learned that legally, she couldn’t escape.

“At that point, I was told in Missouri you cannot get a divorce when you’re pregnant,” recalled L. “It was just crushing because I didn’t know that was the case.”

L is far from alone.

“Over and over again, clients come in with 8-10 kids sometimes,” said Sara Brammer with Synergy Services, a Kansas City-based domestic violence housing program.

Brammer said she sees similar situations frequently.

“It’s difficult for me to count, but it happens more than you may guess,” said Brammer.

Brammer said in many of the cases, the women are trapped.

“So, very often, offenders keep their partners pregnant and use pregnancy or reproductive coercion as a way of controlling their partner,” said Brammer. “It’s not lost to offenders that a pregnant woman can’t get divorced.”

The law was established in 1973, requiring a divorcing couple to state whether the wife is pregnant. The idea behind it was to hold men financially accountable for the children they fathered. Similar legislation also exists in Texas, Arkansas, Arizona and California.

“That’s an old-time stupid piece of thinking,” said Rep. Emanuel Cleaver, the Democratic Congressman who represents Missouri’s 5th District.

Cleaver didn’t mince words.

“This is something you expect in the 1700s, and when I first found out these states were involved in it, I just couldn’t believe it,” said Cleaver.

The Congressman said not only is the law antiquated, but it’s also dangerous.

“This kind of law is a request for abuse because if they can’t get out of the relationship, they’re going to be with the person who abuses them, and a judge may be unintentionally setting up a woman for abuse,” said Cleaver.

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In fact, according to the American College of Obstetricians and Gynecologists, – one in six women are first abused during pregnancy. Even more disturbing, homicide is the leading cause of death among pregnant women in the U.S.

“It’s something we’ve got to stop, and we need to stop it right now,” said Cleaver.

Enter the Pregnancy Empowerment Act, a law Cleaver proposed to fellow lawmakers in July of this year that stated a woman no longer must state if she’s pregnant when filing for divorce, ensuring expectant mothers the freedom to make their own choice about divorce.

“I think this legislation can overpower, overshadow any state legislation that could come on the books,” said Cleaver.

It is legislation that could have delivered L to safety. Instead, her life only got worse.

“The abuse did intensify once we came back because somehow he found out I had talked to an attorney,” said L.

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She was forced to live on hope and prayers until the day she would be truly safe and free.

“I was sleeping on the floor of our child’s bedroom because I thought that was the safest place,” said L.

That day finally came after her second child was born, L was finally able to save enough money and gain enough courage to file for divorce again.

As for the Pregnancy Empowerment Act, Cleaver said he already has backing from Congress. In fact, when he introduced it, he had the support of 26 other lawmakers.

For more KCTV5 special reports, click here.

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