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Divorce is possible after pregnancy, and marriage is only a legal marriage relationship, which has no obvious relationship with pregnancy. After pregnancy, you need to consider the ownership of the child or the question of whether the child will stay after the divorce, which is not conflicting, and it needs to be negotiated before the divorce.
Divorce is generally possible during pregnancy, but according to the law, men are not allowed to file for divorce. However, it is recommended that both the man and the woman do not file for divorce during pregnancy, because since there is a baby, it means that there must still be feelings between the two parties, and the husband and wife should tolerate each other and be humble to each other, but sometimes the man should let the woman a little more, and do not divorce at every turn.
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According to the provisions of the Marriage Act, a man cannot sue for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy. This is based on the consideration of the reality of the situation and the reasonable restriction of the husband's right to request divorce in order to protect the interests of women and children. If the husband initiates a divorce lawsuit during this period, the court will not accept or reject the lawsuit.
However, this does not mean that couples cannot divorce during pregnancy, as both parties can choose to divorce by mutual agreement, and the woman can also file for divorce by litigation. If the husband has special circumstances, the court will also accept the divorce request, such as when the baby born to the woman is born of adultery with another person, or if the two continue to live together will endanger the life of one of the parties. The above is my answer to this question, I hope it helps you, thank you.
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The husband shall not file for divorce within one year after the woman's childbirth during pregnancy or within six months after the termination of pregnancy, unless the woman files for divorce or the people's court deems it necessary to have the husband's request for divorce in hand.
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Of course, you can get divorced during pregnancy, but what about the baby in your belly? Was it born or was born without a father? If you do it in the middle, you will become a lifelong regret, so there is no particularly serious problem, can you not divorce or not, and give your children a complete home.
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Divorce during pregnancy, poor mental condition of pregnant women will affect the growth of the fetus.
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The law states that divorce is not possible during pregnancy.
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Yes, but the distribution of property rights must be clearly divided.
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Although it is said that love and marriage are free.
But divorce is still more troublesome.
In particular, divorce is generally not allowed during pregnancy.
Unless you are in special circumstances.
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My girlfriend is pregnant, can I still get divorced?
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According to the relevant provisions of China's Civil Code, the man is not allowed to file for divorce during the woman's pregnancy. However, the woman may file for divorce and the court may accept the husband's request for divorce if it deems it necessary.
Legal basis: Article 1082 of the Civil Code of the People's Republic of China The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.
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Legal analysis: Pregnant women can get divorced, and if they divorce by agreement, they can go to the Civil Affairs Bureau to go through the divorce procedures. However, in the case of divorce by litigation, the husband may not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, and the woman must sue for divorce.
However, the people's court finds it truly necessary to accept the husband's request for divorce.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Divorce is possible during pregnancy, but only the woman can file for divorce, not the man during pregnancy.
Legal basis. Article 1082 of the Civil Code: The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.
Article 1083:After divorce, where both men and women voluntarily resume their marital relationship, they shall go to the marriage registration office to re-register the marriage.
Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
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