Biff_Poindexter
Diamond Member
Extreme Hypocrisy in Missouri Law Essentially Banning Pregnant People From Getting a Divorce
Despite what anti-abortion proponents have been insisting, apparently Missouri divorce law "does not see fetuses as humans."
www.themarysue.com
"A bizarre Missouri law has been getting national attention after a viral tweet and subsequent story from the Riverfront Times revealed a little-known statute essentially barring pregnant people from getting divorced. Under the Missouri law, a pregnant person can still file for divorce, but a judge can and typically does refuse to grant that divorce until they have given birth or are otherwise no longer pregnant, possibly via a miscarriage or abortion, which is, of course, also now a crime in Missouri after six weeks. If that sounds like some dystopian-level archaic misogyny, it definitely is! It’s also dangerous. People who are experiencing intimate partner violence are more at risk of being killed by their abusive partner during pregnancy and homicide is the leading cause of death among pregnant women.
The reason why pregnancy will put divorce proceedings on hold is that courts can’t make custody rulings until the baby has been born. Why? Because, as she puts it, Missouri divorce law “does not see fetuses as humans.” That’s pretty incredible given that Missouri, like so many other states, is investing heavily in the idea of fetal “personhood” as the entire justification for banning abortion."
On the face of it, it seems like a pretty absurd statute...Why should a woman be forced to jump thru more hoops for a finalized divorce just because of her pregnancy status??..As the pregnant woman in this story said, she had to make multiple filings -- which are not free -- and she is a fucking attorney herself, imagine the undue burden any other pregnant woman will have to face....especially when you consider the fact that a state like Missouri has already essentially awarded the fetus, full personhood....so this seems like an easy fix.....
A divorce court judge should not enforce this statute and consider the fetus as a person and grant custody rights to that fetus...If the father has joint custody, the father should be able to have visitation of that fetus like he would any other child....If we aren't willing to do this, it would really look like these laws concerning women are really more based on control of that woman, more than anything else...