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How divorce works in Missouri when the wife is pregnant

On Behalf of | Dec 2, 2022 | Firm News

Unfortunately, not all marriages last. Some couples in Missouri might conclude that they are better off getting divorced. However, pregnancy can complicate those plans. This is how it works in the state when the wife is pregnant.

Pregnancy and divorce in Missouri

Under the state’s laws, the baby must be born before the divorce is finalized. However, one spouse can file a petition for divorce with the court during the pregnancy.

A pregnant person is not required to remain with their spouse. One spouse can move out of the marital home after the filing. For example, if the wife wants to end the marriage due to domestic violence, she can move out for her own safety and the safety of her unborn baby and request an order of protection to keep her spouse away.

Filing for divorce during pregnancy

Pregnancy is already stressful, so filing for divorce can add to that. However, if the situation calls for ending the marriage such as in cases of abuse, it might be better not to wait. The divorce might also be contested especially with a child on the way.

In some cases, it’s more beneficial to wait until after the baby is born. Although the marriage might be in trouble, this gives the wife the chance to focus more on the child and prepare to request child support from her spouse.

All married couples are different, so one might have special circumstances that would make it easier to file either during pregnancy or after the child’s birth. Regardless of when one spouse files for divorce, however, Missouri law still requires the baby to be born before the court will finalize things.

Some couples believe that pregnancy can be a quick fix for their marital troubles. Sadly, that’s not the case as they realize divorce might be the only option.