A social media post sparked online outrage after it outlined 4 states (Missouri, Texas, Arizona, and Arkansas) that don’t allow a judge to finalize a divorce if the woman is pregnant. The post also claimed there were no exceptions in the case of domestic violence. The post became a political cry for women to “vote blue” in order to avoid “a full frontal annihilation of women's sentience, control over their self-reliance, and reproductive freedoms!” It also claimed that if Donald Trump and Republicans were elected “the results will last for GENERATIONS! There's no time to lose, and the stakes have never been higher!”

The post was fact-checked by USA Today, which found the claim to be true. “Indeed, laws in all four of the named states say judges can't finalize divorces while a woman is pregnant, although a married couple can file for divorce at any time and take steps in the process before then,” it stated. It shared that divorces couldn’t be finalized in those states until after a baby is born, when paternity could be established, thus allowing custody and child support issues to be determined. However, no state prohibits a woman from filing for divorce while pregnant and other arrangements can be made while the divorce is ongoing, such as custody and financial support for prior children, the division of assets and debt between the couple, as well as some preliminary arrangements on how to handle the new baby. In Arkansas, divorce is delayed because of the lengthy process it would take to modify a divorce order if it were finalized before a child was born. Another factor could be the health of the baby. “If a baby were to be born with serious medical issues, that could drastically affect any custody and support agreements already in place,” said Scholl Law Firm. It stated judges waiting to finalize a divorce until a baby is born is “not new.” AS USA also broadened the list of states that may not finalize a divorce until the baby is born. The list included 22 states, including California.

The Washington Post went into further detail of Missouri’s law, noting that delaying the finalization of a divorce has practical benefits. Kris Balekian Hayes, a divorce lawyer in Texas, said the move is to help the children, not hurt mothers. Regarding women in domestic abuse situations, Hayes stated nothing prevents women from filing an order of protection, as a divorce will not protect them. “People have complained that it’s so outlandish that we could force someone to stay married to the batterer. It’s not intended to be punitive to her but to account for the child’s needs.” Democrat Missouri Rep. Ashley Aune is working to pass legislation in the state that would allow judges to finalize divorces even if the woman is pregnant. “Life is different in 2024 and I’d like to see our policies keep up with the times,” she said.