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Missouri law bars divorce during pregnancy – even in cases of violence (www.theguardian.com)

submitted 7 months ago by [email protected] to c/[email protected]

205 comments fedilink hide all child comments

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.

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[–] [email protected] 3 points 7 months ago

The proud state of child marriage, inbreeding, and the kkk.

[–] [email protected] 3 points 7 months ago

The article makes it clear that the intent of the legislation was more positive, albeit fraught, than many seem to think from the text here alone. However, it is clear to most that it is misapplied in many cases. It also goes on that there is recently introduced, currently pending legislation to improve the situation. Let’s hope it succeeds.

[–] [email protected] 6 points 7 months ago

I remember when California had law like this. The spirit of the law was basically judicial efficiency: The state didn't want two different hearings for divorce and child custody, so if a baby was on the way they wanted to wait so that all details of the divorce could be decided at once.

Of course, enforcement of this law is awful for women absent any other measures to protect them from abuse, so California wisely repealed the law.

No chance a red state will give a shit about women enough, unfortunately. This will be deliberately used to harm women.

[–] [email protected] 0 points 7 months ago

When a culture has high levels of conscientiousness and low levels of openness, it results in this. It did in the 30s as well.

[–] [email protected] 5 points 7 months ago

I'm embarrassed for my state.

[–] [email protected] 26 points 7 months ago* (last edited 7 months ago) (1 children)

To think divorce during pregnancy is allowed here, but not in the US. Maybe people in the US shouldn't fear Shariah law if they are adopting even more regressive laws.

[+] [email protected] -10 points 7 months ago (2 children)

The only reason she can't leave in this situation is because divorce would grant her an equal share of assets earned during the marriage thus allowing her to afford shelter and food for her and the kid. Under Islamic law the wife is not entitled to this so would be in an even worse situation.

Of course your country may have secular laws that do entitle fair division and protections, but that's not the question.

[–] [email protected] 1 points 7 months ago* (last edited 7 months ago) (1 children)

The ex wife is entitled to an allowance from her ex husband as are the children, she is also entitled to keep the gift her husband gave her to marry her. The state provides welfare too from monthly allowance to other services. She is not going to be homeless or sick without care if she ends poorer after the divorce.

Of course not all Muslim countries interpret Sharia exactly the same. I’m from Saudi Arabia which is on the more conservative side but has strong welfare. There are conditions on which the ex wife is not entitled to an allowance such as if she initiated the divorce. The courts can force the husband to divorce her but at the cost of waiving her financial benefits.

I think most people in the US still don’t get that many countries offer things like housing, healthcare and education as a right. A woman doesn’t need to be married to be financially secure here.

[–] [email protected] 1 points 7 months ago (1 children)

You're painting a pretty picture but the reality of life for women in this situation in your country is not something American woman would accept, maybe you're the one not aware how it is in the rest of the world.

https://www.hrw.org/news/2023/03/08/saudi-arabia-law-enshrines-male-guardianship

I'm not from the US and I'm not a huge fan of their legal system but reality is reality.

This is a country that literally only started requiring the brides consent in marriage less than twenty years ago. Where women need to use the absher app on their phone which notifies and requests permission from their male guardian if they try to use their passport to travel. Let's not try and pretend a woman in the same situation as in the ops article would be better off in SA - especially as you yourself sat if she was in the same situation she would not be eligible as the initiator.

[–] [email protected] 0 points 7 months ago* (last edited 7 months ago)

I think you should no more about Saudi Arabia. I think you are assuming that Saudi Arabia by default will be worse, but I see the differences as a matter of tradeoffs. When it comes to financial and material conditions the average woman in Saudi Arabia is better off than the average woman in the US. You could argue for other social or personal issues, but not when it comes to money.

is not something American woman would accept

She would definitely accept the free healthcare and more accessible abortions if she ever needed it 1 2 3

Where women need to use the absher app on their phone which notifies and requests permission from their male guardian if they try to use their passport to travel

Are you sure about this? from what I know the current law states any women 21 or above doesn't need a permission from any male guardian. I know it was the case for my sister and female cousins. Either you or HRW are citing an old law.

if she was in the same situation she would not be eligible as the initiator.

She won't be eligible for an allowance from her husband, but she may still be eligible for a welfare allowance from the government. My sister initiated the divorce with her husband, and took him to court to force him to divorce her, and she is doing just fine financially, it helped that she was making more than him, but if she was poor she would qualify for housing and allowance from the government. Her son has a monthly allowance from the government in addition to the allowance paid by his father.

[–] [email protected] 10 points 7 months ago (1 children)

I was under the impression the reason she couldn't leave was because she was pregnant. I'll reread the article, but I didn't notice it being because she was entitled to half the property they acquired as a couple.

[–] [email protected] 1 points 7 months ago (1 children)

You think that she's a prisoner and can't leave physically because she's pregnant? I know america is wild but married women still have autonomy, the only reason she'd need to stay is economic.

[–] [email protected] 1 points 7 months ago

Ahh yes, the wealthiest country on Earth and if you're pregnant, it would not be economical to not be beaten by a POS human that beats you and your child.

Seriously though, had she left and crossed state lines, she could have lost both her kids.

[–] [email protected] 16 points 7 months ago

Conservatives believe women are property. Property does not get to make decisions. Only property owners may make decisions.

There is no "good conservative" alive today.

[–] [email protected] 13 points 7 months ago

The "we just want to stop wh*res to use abortion as birth control" crowd does not stop at just abortion...

[–] [email protected] 39 points 7 months ago

It's not rape if you're married.

Gotta stay married if you're pregnant.

Some states have codified: pregnant, bare foot and chained to the stoves

'Merica!

[–] [email protected] 11 points 7 months ago* (last edited 7 months ago) (1 children)

I adore a lot of individual Americans. Some of the best people I know have lived their entire lives in the USA. But for the last 20 or so years official US policy decisions have become harder and harder to agree with and this is an example of that. So many US citizens are better than their system - they really need to demand a change to politicians/justice systems/etc that better represent them.

[–] [email protected] 6 points 7 months ago

Our nation is infested with conservatism. If history is our guide, the cure for this disease is not peaceful.

[–] [email protected] 52 points 7 months ago (3 children)

Why the hell is America such a backwater shithole? Like the education system in my country is deeply flawed, but at least we don't have religious zealots.

[–] [email protected] 8 points 7 months ago (1 children)

It’s because the majority of the people, which are people who do not like this stuff, are also complacent as fuck and will tolerate just about anything if it means they don’t actually have to get off the fucking couch.

[–] [email protected] 10 points 7 months ago

We've transitioned from 'off the couch' to 'grinding every waking moment to survive and are too tired to care about getting involved in local politics after you just got off shift at your second job '

[+] [email protected] -35 points 7 months ago (6 children)

at least we have strong free speech laws and quite a few states have good self-defense laws. some good, some great, but there's a handful of states that are terrible about any kind of self defense that involves killing a home invader

In quite a few places, you can't use force to remove a trespasser if they decide to camp on your land.

[–] [email protected] 3 points 7 months ago* (last edited 7 months ago)

And yet, many (if not most) women who defend themselves from their abuser with a firearm get convicted on murder charges... mostly in the states you mention as having "good self-defense laws".

[–] [email protected] 3 points 7 months ago

Imagine that - if someone camps on your land, you can just call the police. They will guide the trespasser out and initiate proceedings.

[–] [email protected] 6 points 7 months ago

Every state allows lethal force to protect yourself within your home. It’s a GOP talking point lie that states don’t allow you to defend yourself.

[–] [email protected] 9 points 7 months ago

And that's something else that makes a lot of the world look at America like a backwater shithole. Feeling the need to be able to kill other people - that might be important to many Americans but from the outside looking in it seems ignorant and barbaric.

[–] [email protected] 14 points 7 months ago

Imagine being so delusional, you think those are unique or even worse... Needing those. You fantasise about murdering someone, how about Living in a place where that's not even a consideration? I don't have to worry about someone invading my home and having to defend myself. 3rd world countries are safer than your sorry excuse of a nation.

[–] [email protected] 16 points 7 months ago

Well, who needs bodily autonomy when you can just use slurs without repercussion. I really don't get why you try to reason with free speech or self defense laws against against this intrusion of your actual freedom.
Being forced to keep a pregnancy going and then being forced to stay in marriage won't get better when you can legally say whatever you want or shoot someone trespassing on your land...

[–] [email protected] 10 points 7 months ago

Perpetuating the cycle of poorly educated religious zealots from a shithole backwater

[–] [email protected] 24 points 7 months ago (1 children)

Yeah okay, this is fucked up.

[–] [email protected] 5 points 7 months ago

... Or Fargo season 5 prologue

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