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Anonymous users2024-02-07The man cannot file for divorce within one year after the woman is pregnant, puerperal, breastfeeding, or after giving birth, and even after the miscarriage, but the law allows the woman to file for divorce.
Legal basis] According to Article 34 of the Marriage Law, "the husband shall not file for divorce during the woman's pregnancy or within one year after childbirth." This restriction does not apply if the woman files for divorce, or where the people's court finds it truly necessary to accept the husband's request for divorce. ”
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Anonymous users2024-02-06The woman can file a divorce lawsuit with the court, and the court will make a judgment. Or you can divorce by mutual agreement with the man. Legal basis:
Article 1076 of the Civil Code of the People's Republic of China 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.
The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Anonymous users2024-02-05Legal analysis: According to the provisions of the Civil Code, the husband shall not file for divorce during the pregnancy of the female mega party; However, it is prudent to bury it, except where the woman files for divorce or the people's court finds it necessary to accept the husband's request for divorce.
Legal basis: Civil Code of the People's Republic of China
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, 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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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. >>>More
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