The state House has voted unanimously to tell judges they cannot delay finalization of a divorce based on one party in the marriage being pregnant. The vote came after one bill sponsor shared her own experience with domestic violence, and how she found herself pregnant but unable to divorce her abuser.
Representatives Cecelie Williams (left) and Raychel Proudie (right) speak in a side gallery in the House Chamber after the House voted unanimously to advance their proposal meant to clear the way for pregnant women to secure a divorce. (Photo: Tim Bommel, Missouri House Communications)
Missouri Law allows filing for divorce during a pregnancy, but judges typically wait to finalize a divorce until after that party gives birth.
The passage came after one of the proposal’s sponsors shared her own story of having been in an abusive marriage, and learning that she could not divorce her husband while pregnant.
The legislation was first offered during the 2023 legislative session by Representative Ashley Aune (D-Kansas City), who praised Williams for her bravery in sharing her personal story and getting this legislation so far, so early in session.
Legislators, visitors, and staff listened in silence as Rep. Cecelie Williams spoke about her own story of surviving domestic violence, in asking them to approve her bill to allow pregnant women to secure a divorce. (Photo: Tim Bommel, Missouri House Communications)
Aune said the proposal had been brought to her by domestic violence advocates, and she viewed it with such issues in mind. Once she filed it, however, she was truck by how many men contacted her to thank her.
After House voted to send the bill to the Senate, Williams reflected on how hard it has been to speak publicly about what she went through, an experience that included years of physical and verbal abuse, often in front of her young children, before her abuser took his own life just days before their divorce would have become final.
The vote to send House Bills 243 (Williams) and 280 (Proudie) to the Senate was 155-0. It now goes to the Senate, in which two versions of the same language have been filed.
A proposal to eliminate state-recognized marriage for those under the age of 18 has been advanced by a House Committee. Several lawmakers expressed support for the change as a way to protect children, especially from traffickers. Others expressed hesitation about creating a roadblock to young couples who genuinely want to be wed.
Representative Renee Reuter (Photo: Tim Bommel, Missouri House Communications)
Missouri law was changed in 2018 to allow the issuance of marriage license to those 18 and older, and to those between 16 and 18 with parental consent. No licenses may be issued to couples in which either party is younger than 16.
Some, like Carthage Republican Cathy Jo Loy, wondered whether the legislation could include an exception for marriages that are not in some way coerced.
The Committee’s top Democrat, Raychel Proudie (Ferguson), said there are parallels between what this bill seeks to address, and the fact that judges in Missouri typically refuse to finalize a divorce if one party in the marriage is pregnant. That has effectively prevented pregnant women in abusive relationships from being able to divorce their partner.
A Senate version of this legislation made it to the House in April last year but did not reach the Governor’s desk.
In spite of the concerns that were voiced, HB 1200 was passed out of the committee with a 15-0 vote. The legislation now goes to another committee which could vote to send it to the full House.
A bipartisan effort to tell judges they cannot delay finalizing a divorce because one party in the marriage is pregnant has been advanced by a House Committee. One sponsor says her own experience with domestic violence helps illustrate why this change is necessary to save lives.
Representatives Raychel Proudie and Cecelie Williams (Photo: Tim Bommel, Missouri House Communications)
Missouri law does not prevent filing for divorce because one party is pregnant, but judges can, and in practice often do, wait to finalize a divorce until after that party gives birth.
Often when a judge delays finalization of a divorce until birth, it is said to be to allow for considerations regarding custody and child support arrangements and other end-of-marriage considerations. Williams said that is not valid reasoning.
Both representatives said they have experienced and survived domestic violence, with Williams speaking publicly for the first time about her own experience and how it was relevant to this legislative.
Since the proposal was first filed in past years, some news reports and commentators mischaracterized Missouri law as not allowing pregnant women to get divorced. It also came to light that lawyers often advise pregnant women, incorrectly, that they cannot file for divorce.
Domestic violence advocates say the detrimental results have been that women in abusive marriages have been discouraged from filing for divorce.
The committee voted 14-0 to send the bill forward. Williams said it is no surprise that it is receiving bipartisan support.
The House this week voted to set a minimum age at which people in Missouri can get a marriage license, but the bill met more resistance than last year.
Representative Jean Evans (photo; Tim Bommel, Missouri House Communications)
Marriage licenses can now be issued to persons younger than 15 under certain conditions. House Bill 1630 would increase that age to 17 and require a court hearing on whether the marriage is advisable. No licenses would be issued when either party is younger than 15, or when one party is 21 or older and the other party is younger than 17.
Bill sponsor Jean Evans (R-Manchester) began offering the legislation last year as a way to fight human trafficking; particularly cases in which abusers bring young trafficking victims to Missouri to marry them.
The bill had bipartisan support, including from St. Louis Democrat Michael Butler, who said it’s appropriate for the legislature to set a minimum age for things like marriage.
Similar legislation passed out of the House last year 139-1, but this year many Republicans opposed the bill. Some, including Lincoln Republican Wanda Brown, don’t like the requirement that a court hearing decide whether a marriage license should be issued for someone between the ages of 15 and 17.
Representative Wanda Brown (photo; Tim Bommel, Missouri House Communications)
Regarding concerns like those of Wood, Evans said her bill is very similar to one in place in Pennsylvania where there are significant, similar religious populations.
Evans also said the bill does nothing to prevent a religious wedding ceremony.
Despite increased opposition over last year, a bipartisan 95-50 vote sent the bill to the Senate. Last year Evans’ similar legislation was approved by a Senate committee but advanced no further.
A freshman state representative has filed another effort to make Missouri less attractive to sex traffickers.
Representative Jean Evans (photo; Tim Bommel, Missouri House Communications)
Manchester Republican Jean Evans’ prefiled legislation would increase from 15 to 17 the minimum age at which a person can receive a marriage license. Missouri law allows teens as young as 15 to get a license when extenuating circumstances exist, as long as one of the teen’s parents gives consent.
Evans said traffickers have been taking advantage of Missouri’s law, bringing trafficking victims to the state to marry their abusers. That makes prosecuting the abuser difficult or impossible.
Evans said such marriages are able to take place because parents are sometimes involved in trafficking their own children. She said she learned about the issue from a report by KMOV reporter Lauren Trager.
Evans’ bill is not based on a recommendation from the Task Force on Sex Trafficking, but she has discussed the issue with its chairman, Springfield Representative Elijah Haahr (R). She sees her bill as part of a broader effort to fight trafficking – an effort based largely on the work of that Task Force.
House members will be asked to consider other legislation related to trafficking – much of it based on the work of the Task Force. HB 261 would require employers to display posters with the national trafficking hotline and related information. Other recommendations by the Task Force deal with creating a position in state government to oversee anti-trafficking efforts, and supporting groups that offer victims treatment and assistance to transition out of trafficking.