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Anonymous users2024-02-07If you want to divorce after 7 months of pregnancy, you can divorce by agreement in advance, and the woman can file for divorce with the man, and if the man agrees, sign a divorce agreement and go to the marriage registration authority for divorce registration. If the man does not agree, the woman can only sue the court for divorce, and the court will make a judgment.
[The law is based on the law].
Article 1076 of the Civil Code provides that if a 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 1082:The man must not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy; However, there is an exception where the woman has omitted a divorce or the people's court finds it necessary to accept the husband's request for divorce.
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Anonymous users2024-02-06If the Civil Affairs Bureau does not handle the divorce by agreement after seven months of pregnancy, the woman can file a lawsuit with the court to request a divorce. Although a woman is not allowed to file for divorce during pregnancy, she is not allowed to file for divorce. Litigation divorce refers to a divorce system in which the husband and wife cannot reach an agreement on whether to divorce or the division of property, the sharing of debts, the maintenance of children, etc., and file a lawsuit with the people's court to dissolve the marriage relationship through mediation or judgment.
[Legal basis].
Article 1079 of the Civil Code of the People's Republic of China.
Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.
People's courts hearing divorce cases shall conduct mediation; If the quarrel in the town has indeed broken down and the mediation is ineffective, the divorce shall be granted.
Article 1082.
The man may not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, there is an exception where the woman proposes to divorce or the people's court finds it necessary to accept the husband's request for divorce.
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Anonymous users2024-02-05Kiss! Hello! If you want to divorce after seven months of pregnancy, if both parties want to divorce and negotiate the division of property and who will have custody of the child after birth; You can apply for divorce registration at the marriage registration authority in the place where one party is domiciled, and then wait for the 30-day cooling-off period to expire, and then both parties can apply to the marriage registration authority for the issuance of a divorce certificate.
If the woman wants to divorce or both parties want to divorce, but there is no agreement on the above issues, the woman can file a divorce lawsuit with the court where the husband is domiciled; Then the court will conduct a trial and investigation, and the court that meets the conditions for filing the case will file the case and serve the complaint on the defendant, and the defendant needs to reply, and finally both parties will wait for the court's notice to participate in the trial, and wait for the court to decide.
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