Every March, Women’s History Month invites us to reflect on the progress women have made – and the work that still remains. We celebrate milestones like the right to vote, expanded access to education, and legal protections against discrimination. These victories are worth honoring. But they also remind us that rights and safety are not guaranteed simply because progress has been made.
Even today, there are policies in place across the United States that limit women’s autonomy and safety in ways many people don’t realize.
One example is a little-known legal barrier: in many states, a person cannot finalize (or even begin to file) a divorce while pregnant.
Specifically, in California, Texas, Florida, Missouri, Arkansas and Mississippi. And, in Michigan, it’s up to the judge whether to allow you to finalize the divorce before the birth and address parenting issues later.
For survivors of abuse or individuals trying to leave unsafe relationships, these restrictions can create serious barriers to safety, independence, and stability.
The Reality of Pregnancy Divorce Restrictions
Across the country, many states have laws or legal practices that delay divorce proceedings until after a pregnancy ends. Courts often require this delay due to legal questions surrounding paternity, custody, and child support. In some cases, the delay stems from long-standing legal traditions that assume that children born during a marriage should be legally connected to the husband.
While these policies may have originally been intended to clarify parental responsibilities, their real-world consequences can be deeply harmful.
When someone is pregnant and seeking a divorce, they may be forced to remain legally tied to a spouse for months longer than they intended. Even if the couple has separated physically, the legal connection remains. This can affect financial independence, housing stability, healthcare decisions, and emotional well-being.
For survivors of domestic violence, the consequences can be even more serious.
When Legal Barriers Create Safety Risks
Research has shown that the leading cause of maternal mortality in the United States is homicide, most often committed by an intimate partner. Pregnancy can be a time when domestic violence escalates, making safety planning and access to legal protections even more critical.
Leaving an abusive relationship is rarely simple. Survivors often face financial barriers, housing instability, threats, and fear of retaliation. The legal system should provide pathways to safety – not additional obstacles.
When courts refuse to finalize divorces during pregnancy, survivors may be forced to maintain ongoing legal ties with an abusive partner. This prolongs legal entanglement and can give abusers additional opportunities to manipulate, harass, or exert control.
This issue becomes even more concerning when we consider the risks pregnant individuals already face.
Policies that prevent someone from finalizing a divorce during pregnancy can unintentionally trap survivors in dangerous circumstances during one of the most vulnerable times in their lives.
Why No-Fault Divorce Matters
Another critical part of this conversation is no-fault divorce.
Before no-fault divorce laws were adopted, individuals typically had to prove wrongdoing – such as adultery, abandonment, or cruelty to legally end a marriage. This process often forced survivors to publicly relive traumatic experiences in court and made it extremely difficult to leave if they could not meet strict legal standards.
No-fault divorce changed that.
By allowing couples to dissolve a marriage without proving fault, the law recognized an important truth: no one should have to remain in a marriage they do not want to be in. More importantly, no one should have to prove their suffering to gain their freedom.
For survivors of abuse, no-fault divorce has been a critical tool for safety. It allows individuals to leave relationships more quickly, with fewer barriers and less risk of retaliation.
However, when additional restrictions (such as pregnancy-related divorce delays) exist within the legal system, they can undermine the protections that no-fault divorce was designed to provide.
Autonomy, Safety, and the Right to Make Decisions
At its core, this issue is about autonomy.
Adults should have the ability to make decisions about their own lives, relationships, and futures. That includes the decision to end a marriage.
When the law prevents someone from finalizing a divorce because they are pregnant, it sends a message that their autonomy is conditional. It prioritizes administrative convenience or outdated legal traditions over the real-life needs of individuals seeking safety and independence.
Women’s History Month reminds us that many rights we take for granted today were once fiercely contested. The ability to open a bank account, access higher education, control reproductive decisions, and pursue legal protections from abuse all came from decades of advocacy and change.
The work is ongoing.
Continuing the Conversation
Policies that limit the ability to finalize a divorce during pregnancy often operate quietly within the legal system. Many people (including those who may be directly affected) do not realize these restrictions exist until they encounter them firsthand.
Raising awareness is an important first step.
Conversations about safety, autonomy, and access to legal protections help communities better understand the barriers survivors face. They also encourage thoughtful discussions about how laws can evolve to better support people navigating difficult circumstances.
Women’s History Month is not only a time to celebrate progress. It is also a time to ask important questions about where we still need to grow. Ensuring that individuals can safely and independently leave a marriage without unnecessary legal obstacles is part of that ongoing work.
Leaving an abusive relationship can feel overwhelming. There are often many questions to consider – where to live, how to stay safe, how to care for children, and what legal options may be available. Navigating these decisions can be especially complicated during pregnancy or while parenting young children.
At Options, we understand that every survivor’s situation is different. Our advocates are here to help individuals explore their options, create safety plans, and connect with resources that can support them as they move forward.
Whether someone is considering leaving an abusive marriage, navigating legal processes, or seeking support for themselves and their children after leaving, our team can provide confidential advocacy and guidance. We can help connect survivors with community resources, discuss safety planning, and walk alongside them as they make decisions about what is best for themselves and their families.
No one should face these challenges alone. Support is available, and there are people ready to listen and help.
If you need any additional information, have a question, or have a concern, feel free to reach out to Options at our 24-hour toll-free helpline 800-794-4624. You can also reach an advocate via text by texting HOPE to 847411 or clicking 24-Hour Chat with Options
Written by Anniston Weber
This grant project is supported by the State General Fund for Domestic Violence and Sexual Assault, sub-grant number 26-SGF-07, as administered by the Kansas Governor’s Grants Program. The opinions, findings, conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Office of Kansas Governor.