Can a couple divorce if the child is under the age of one?

Yes, but the divorce needs to be filed by the woman.

According to the Marriage Law of the People's Republic of China:

Article 34: The man shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

According to the Marriage Registration Regulations:

Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for divorce.

Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Article 11 Mainland residents who go through divorce registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) The person's marriage certificate;

3) A divorce agreement signed by both parties.

In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

According to the provisions of the Civil Code, within one year after the woman gives birth, the man generally cannot file for divorce, but this does not prohibit the woman from filing for divorce, that is, when the child is less than one year old, the woman has the right to file for divorce, and if the court believes that it is really necessary to accept the husband's divorce request, it should also be accepted. Legal basis:

Article 1082 of the Civil Code of the People's Republic of China A man may not file for divorce during 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.

Legal Analysis: Yes, but the divorce needs to be filed by the woman.

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' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, financial knowledge, and debt handling.

Article 1077 Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if any party is unwilling to divorce, he may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the time limit provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

According to the provisions of the Civil Code, within one year after the woman gives birth, the man can generally not file a request for divorce, but this does not prohibit the woman from filing a request for divorce, that is, when the child is less than one year old, the woman has the right to file for divorce, and if the court believes that it is really necessary to accept the man's request for divorce, it should also be accepted. Legal basis:

Article 1082 of the Civil Code of the People's Republic of China The man shall not file for divorce during the period of 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.

Legal Analysis: Couples with children under the age of one can get divorced. Both parties can choose to divorce by mutual agreement, or the woman can file for divorce and file for divorce.

The man cannot file for divorce within one year of the woman's delivery, unless the people's court finds it necessary to accept the man's request for divorce. Therefore, when the child is under the age of one, the husband is generally not allowed to file a divorce lawsuit, unless there are circumstances where the court deems it necessary to accept the husband's request for divorce. There are two ways to change child custody after a divorce:

The first is a change of agreement; The second is litigation modification. After the divorce, if one party requests to change the child support relationship, or if the child requests an increase in child support, a separate lawsuit shall be filed. Where both parents agree to change the child support relationship, it shall be permitted.

Divorce can be obtained by agreement, mediation and litigation between husband and wife. Where both husband and wife divorce voluntarily, they shall sign a divorce agreement and apply for divorce registration in person at the marriage registration authority.

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 organ.

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) Cohabitation with another person who is bigamy or a brother in need;

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.