New Missouri Law Allows Divorce During Pregnancy~ 3 min read

• Missouri law now allows a divorce to be finalized before a child is born, eliminating the previous requirement to wait until after birth. The Court still has to allow it and the Judge may not be willing to do so, depending on all of the issues. 
• Finalizing a divorce before birth does not resolve child-related issues such as paternity, non-paternity, custody, parenting time, or child support, which may require additional legal proceedings.
• Waiting to completely finalize your divorce until after the child is born may reduce future legal costs by allowing all family law issues to be resolved in a single case.

A New Option Under Missouri Law

For many years, Missouri courts waited until after a child was born before allowing the finalization of a divorce. Although you could begin the divorce process and negotiate property division and other issues during the pregnancy, the final judgment typically was not entered until after the child was born.

The Missouri legislature has recently changed the law to allow a divorce to be finalized before the child is born. While that may sound like a quicker solution, it does not eliminate many child-related legal issues, including the presumption of paternity.

Child Related Issues Still Have to Be Resolved

Whether your divorce is finalized before or after the birth, important decisions involving the child still must be made. Depending on your circumstances, those issues can include paternity, non-paternity, child custody, parenting time, and child support.

If  the Husband is not the biological father, additional legal steps may be required to establish or challenge paternity, as the presumption that the Husband is the legal father still remains. Likewise, custody and child support cannot always be fully addressed until after the child is born and the court has the information it needs.

A Faster Divorce Could Lead to More Legal Work

For some families, finalizing the divorce before the birth could mean returning to court later to resolve issues involving the child, creating duplicative or conflicting orders Instead of handling everything in one proceeding, you and your spouse may need additional filings, hearings, or court orders after the baby is born.

That can result in additional attorney fees, court costs, and time spent addressing matters that previously would have been handled as part of the original divorce case.

Is It Better to Wait?

Every family is different, and there is no single answer that works for everyone. In some situations, finalizing the divorce before the birth may make sense. In others, waiting until after the child is born may allow all issues to be resolved in one case, reducing future legal expenses and avoiding additional court proceedings. It may also depend on what the Judge is willing to allow. 

Contact Family Ally

If you or your spouse are pregnant and considering divorce, understanding how the timing of your divorce could affect your legal rights and future expenses is important. Jennifer Piper and the team at Family Ally can help you evaluate your options and determine the approach that best fits your family’s needs. Call 314-449-9800 or contact us online to schedule a consultation.

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.

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