February 8, 2025

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Pregnant in Missouri and filing for divorce? It can’t be finalized until the child is born

In Missouri, the legislation demands that a petition for divorce record a handful of matters, like whether or not the wife is expecting.

That’s not so uncommon, but with the overturning of Roe v. Wade, statements have been circulating on social media that a divorce are not able to be finalized though just one party is pregnant.

The Information-Chief spoke with Doug Fredrick, a lawyer who specializes in loved ones legislation, for clarification on the situation.

Can a divorce be finalized in Missouri if a single get together is pregnant?

The shorter solution is no.

“If you have a child who is born all through the marriage, you will need to determine the paternity and, most most likely, the custody arrangement for that child,” Fredrick claimed. “You cannot just leave that youngster hanging in a lurch, devoid of a decided father or any form of custodial arrangement.”

In get to build paternity — someone’s authorized standing as the guardian of a youngster — the child has to be existing.

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“You can’t do a paternity circumstance with no the child technically the child is a social gathering to the situation in a paternity case,” Fredrick stated. “You appoint a subsequent buddy to figure out the greatest interest of the little one, but the laws do not make it possible for for paternity to be founded for an unborn boy or girl.”

Even if the paternity promises are not in dilemma, the court can’t figure out custodial preparations without the kid.

Does the court docket make exceptions in situations of abuse?

No, the court nonetheless cannot grant a divorce if a youngster is not born, but “There are quite a handful of avenues or methods for an abused girl to be protected until finally the little one is born.”

“They can file the divorce. They can get a temporary restraining purchase if it really is an abusive predicament. They can get what is called an grownup abuse get of defense they can get hold of that,” Fredrick stated. “If there is a crime which is been dedicated, they can speak to police and have felony charges introduced, and as element of the prison case, most probably, the bond situations would incorporate no get hold of with the victim.”

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The Missouri Courts web site features a listing of resources on their web page as nicely, outlining solutions and statutes that outline domestic violence and stalking.

In Greene County, the Victim Heart and Harmony Property share a 24/7 hotline, 417-864-7233 (Safe and sound), where by victims of abuse can simply call for steering and enable.

Susan Szuch is the well being and public coverage reporter for the Springfield Information-Chief. Follow her on Twitter @szuchsm. Story notion? E-mail her at [email protected].

This write-up at first appeared on Springfield News-Chief: Can you get a divorce in Missouri though pregnant? Small reply is no