Many people believe that couples cannot file for divorce in Missouri while one spouse is pregnant. This is a common misunderstanding. While some aspects of the divorce process must wait until after the baby is born, expecting St. Louis parents can still take important legal steps to move their case forward.
What Missouri Law Actually Allows
Missouri law does not prevent a spouse from filing for divorce during pregnancy. The court must be told about the pregnancy, but the case can still proceed in several meaningful ways.
The confusion stems from the fact that judges cannot finalize certain decisions until after the child is born. However, this does not mean the entire divorce must be put on hold. Spouses can use this time to prepare their case, gather information, and even reach agreements on many issues.
Steps That Can Move Forward During Pregnancy
Even though the final divorce decree must wait, several parts of the process can continue while expecting a child.
- Discovery – This is the formal exchange of documents and financial records between both parties. Gathering this information early helps build a stronger case.
- Temporary Orders – The court can issue temporary decisions about matters like spousal support (also called maintenance or alimony), who stays in the family home, and arrangements for children who are already born.
- Mediation – Many Missouri courts require mediation in contested cases. During these sessions, spouses can work toward agreements on property division, debt allocation, and support for existing children.
- Scheduling a Trial Date – Some counties book trial dates months in advance. Securing a spot on the calendar during pregnancy can prevent further delays after the birth.
Decisions That Must Wait Until After Birth
Certain matters cannot be resolved until the baby arrives. These include establishing paternity (legal fatherhood), arranging child custody for the newborn, and issuing child support orders. A judge needs the child to be born before making these final decisions part of the divorce judgment.
This waiting period exists to protect the interests of both the child and the parents. Once the baby is born, these remaining issues can often be resolved quickly if the groundwork has already been laid.
Protecting Yourself During a Difficult Time
Pregnancy can be a vulnerable time, especially when a marriage is ending. If safety is a concern, expecting parents should know that they can still seek an Order of Protection. This is a separate legal action from the divorce itself and remains available regardless of pregnancy status.
Anyone facing concerns about abuse or domestic violence should speak with a lawyer right away. Taking steps to ensure personal safety is always the top priority.
Why You Should Work with an Experienced Attorney
If you are going through a divorce while you or your spouse is pregnant, you should know that the process involves unique timing considerations and legal requirements. Having a knowledgeable family law attorney on your side can make a significant difference in how smoothly the process unfolds.
The St. Louis lawyers at Grant, Miller & Smith, LLC, bring decades of experience to complex family law matters. Our firm will make every effort to reach an amicable resolution through negotiation or mediation. However, our legal team also has the skill and determination to go to trial when the other party refuses a fair settlement.
Attorneys on our team have served as guardians ad litem (court-appointed advocates for children) for more than 35 years, so our law office understands the importance of protecting both parents and children during these challenging transitions. Contact Grant, Miller & Smith, LLC, today to discuss your situation and learn more about your options.