Missouri is attempting to overturn divorce law for pregnant women as Democratic state legislator Ashley Aune argues 'it just doesn't make sense in 2024'

A Missouri legislator has slammed the state's 'archaic' law that bans women from getting divorced while pregnant.

A state statute dating back to 1973 makes it illegal for a judge to finalize a divorce while a woman is carrying a fetus. The law aims to ensure that issues such as custody and child support are decided before the couple fully split.

But Rep. Ashley Aune, a Democrat representing Platte County, argues that the law, which has no exceptions for domestic violence, 'just doesn't make sense in 2024'.

The state lawmaker has introduced a new bill that states pregnancy cannot prevent a divorce or separation from being finalized after her constituents expressed that it was a 'huge problem'.

'I just want moms in difficult situations to get out if they need to,' Aune told FOX 4.

A state statute dating back to 1973 makes it illegal for a judge to finalize a divorce while a woman is carrying a fetus. The law aims to ensure that issues such as custody and child support are decided before the couple fully split (stock image)

But state Rep. Ashley Aune (pictured) has slammed the state's 'archaic' law, which has no exceptions for domestic violence, sand says it 'just doesn't make sense in 2024'

Aune agreed that the more than 50-year-old law was made with good intentions to ensure Missouri's children were properly cared for, but says it needs to be updated to reflect modern families.

During a committee hearing earlier this month, the Democrat detailed the testimony of one woman who was 'being physically and emotionally abused' and, after learning she was expecting, asked an attorney if she could pursue a divorce.

'She was essentially told no,' Aune said of the woman. 'It was so demoralizing for her to hear that. She felt she had no options.' 

The lawmaker added that there had been 'reproduction coercion' in the woman's relationship, which she claims 'a lot of women' are victims of.

Aune, in a radio interview with KCUR on Monday, said reproduction coercion can 'look a lot of different ways' but often involves 'preventing reproductive care', 'preventing contraceptive access', and 'keeping a partner pregnant'.

She claimed that due to this practice, women who have escaped domestic violence situations are going to shelters with 'four, six, eight children' and claims the facilities are 'actually building new housing to accommodate these large families'.

A report from the state Department of Health and Senior Services revealed that nearly 5 per cent, about 500 out of 10,098 women surveyed between 2007-2014, revealed that they were abused before or during their pregnancies. 

Aune noted that the divorce ban affects both men and women, claiming that she has heard testimonies from 'both genders' alleging the law has 'kept them in a marriage they didn't want to be in'.

She added: 'Imagine a situation where a man wants to get a divorce and the wife doesn't want that to happen, and so she gets pregnant on purpose, right? She maybe doesn't communicate her own birth control issues. This is something that happens to both parties.'

Aune (not pictured) also argued that in a state that has effectively banned all abortions, including in cases of rape or incest, it is 'important' for women to have the option to leave an unwanted marriage. Pictured: Pro-choice advocates at the Missourians for Constitutionals Freedom kick-off petition drive on February 6

Missouri senators earlier this month voted against amending the state's strict law against abortions to allow exceptions in cases of rape and incest. The state banned almost all abortions after the Supreme Court in 2022 overturned Roe v. Wade. Abortions currently are only legal 'in cases of medical emergency'. Pictured: Activists at the Missourians for Constitutionals Freedom kick-off petition drive on February 6

Aune also argued that in a state that has effectively banned all abortions, including in cases of rape or incest, it is 'important' for women to have the option to leave an unwanted marriage. 

'In a state where we are currently forcing women to carry babies to term, I think it's important that … women who are in that position who are also looking to get out of a marriage have the capacity to do so,' she previously told the Kansas City Star.

Missouri senators earlier this month voted against amending the state's strict law against abortions to allow exceptions in cases of rape and incest. 

The state banned almost all abortions after the Supreme Court in 2022 overturned Roe v. Wade. Abortions currently are only legal 'in cases of medical emergency'. 

Democratic state Sen. Tracy McCreery tried adding amendments to allow exceptions for abortion in cases of rape and incest to a Republican-sponsored bill that would continue blocking taxpayer funding from going to Planned Parenthood.

Both of McCreery's amendments were voted down along party lines in the Republican-led Senate, and debate on the underlying bill was cut off before a final vote on February 7.

Aune's bill to overturn the divorce ban, which is considered it a 'top priority' by the Missouri Coalition Against Domestic & Sexual Violence, is 'still a work in progress', FOX 4 reported.

It is understood that Aune is not optimistic that the proposed legislation will reach Governor Mike Parson's desk this session.

Texas, Arizona and Kansas currently have similar divorce laws in place.