State representative Ashley Aune is trying to fight it, but doesn’t have high hopes.

Something you might have picked up on over the last several weeks/years/centuries is that there are a disturbing number of people in power who will go to great lengths to control women in America. Not convinced? Thinking of citing the fact that in some countries, women are stoned to death (as though that makes what happens here okay)? Then we’d like to make you aware of a law in Missouri that says pregnant women cannot get a divorce finalized if they’re pregnant—even if said pregnant people are victims of domestic violence.

  • Ech
    link
    fedilink
    English
    649 months ago

    Especially if they’re victims of domestic violence

    Male or female, what other purpose could a law like this serve except to give abusers a route to legally trap their victim?

    • @milicent_bystandr@lemm.ee
      link
      fedilink
      19 months ago

      To stop fathers abandoning the family when the wife gets pregnant and using a loophole to get out of child support.

      Last time this came up on Lemmy there was a comment saying that’s where the law came from originally.

      It doesn’t stop you separating during pregnancy, just to complete the divorce you have to wait till after the birth.

      • @lolcatnip@reddthat.com
        link
        fedilink
        English
        09 months ago

        How would that time actually prevent the scenario you described? You don’t have to be married to be a father.

        • @milicent_bystandr@lemm.ee
          link
          fedilink
          19 months ago

          I think some comments were saying it’s because of how laws used to work of assuming (to a certain degree) fatherhood of the husband in a marriage. I.e., in a time before DNA testing, if the father divorces while his wife is pregnant, then once the baby is born he’s out of the picture and escaped responsibility, but after the birth, his responsibility as father has to be discussed as part of the divorce settlement. (Other comments in this thread and before, had more detail, and some commenters seemed to have looked things up and know what they’re talking about!)

          Another comment said it stops the mother from skipping out on the father and denying him joint custody/etc. Again, due to legal frameworks around marriage and family especially from a time before DNA testing. Obviously you (should) still have courts that can get involved to resolve cases that don’t fit the normal framework.

          Another brought up more detail of just settling the divorce terms appropriately. I know the baby (in some countries at least) is not a legal person until born: so for some other parts of legal structure (other than this divorce issue), people involved can be aware there is a baby on the way, but the law has to wait until the birth to actually account for that new person.

          One point I didn’t see mentioned, but that I can imagine, is that pregnancy is a time of new stress and much change, which could push one or other partner to divorce rashly and regret it later. As others pointed out, you can still separate, just not finalise the legal divorce. Then after the birth you have time to see if you want to be together as a family again, or if you do indeed want a divorce.