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- cross-posted to:
- [email protected]
The statute, which can lead to reproductive coercion in a state that has banned abortion, has recently gained nationwide attention
At six months pregnant, H decided enough was enough. She had endured years of abuse from her husband and had recently discovered he was also physically violent towards her child. She contacted an attorney to help her get a divorce.
But she was stopped short. Her lawyer told her that she could not finalize a divorce in Missouri because she was pregnant. “I just absolutely felt defeated,” she said. H returned to the house she shared with her abuser, sleeping in her child’s room on the floor and continuing to face violence. On the night before she gave birth, she slept in the most secure room in the house: on the tile floor in the basement, with the family’s dogs.
Under a Missouri statute that has recently gained nationwide attention, every petitioner for divorce is required to disclose their pregnancy status. In practice, experts say, those who are pregnant are barred from legally dissolving their marriage. “The application [of the law] is an outright ban,” said Danielle Drake, attorney at Parks & Drake. When Drake learned her then husband was having an affair, her own divorce stalled because she was pregnant. Two other states have similar laws: Texas and Arkansas.
None of those reasons are valid. Not one.
^ There go one now, reacting to the headline, refusing information that goes against the zeitgeist around here. So your argument amounts to, “Nuh UH!”?
And what’s your argument against the law? It does nothing to stop a woman from getting away from her husband. The only thing it stops is finalizing the divorce before the above questions are answered.
If you were the woman, wouldn’t you rather wait to sign on the dotted line so there’s no risk of relitigating anything listed above? As a single mother, you’re likely in a bad spot. Want to go back to court, over and over? Or even once? It’s painful. I know.
Pick one argument you made that you think is the best, and I’ll show you why it’s erroneous.
And no, I wouldn’t want to wait. I’ve been the woman in this scenario. I was three months pregnant when my husband physically attacked me. You need a swift legal end. It’s easy to write a divorce agreement that deals with situations that don’t yet exist. Most every single one deals with at least a few. (When the house sells, at retirement age, when taxes are due, etc.) Why not when a baby is born?
Until that line is signed by a judge, men like my husband continue to drag you back because they think they own you under the law.
Your arguments sound great to anyone who hasn’t actually been in that situation. But every one of them can be addressed without forcing a woman to stay married to her abuser.