Can a couple divorce if the child is less than 1 and a half weeks old?

The law does not directly stipulate how old a child must be to divorce, but there is a special protection for the woman The man may not file for divorce during pregnancy, within one year after childbirth, or within 6 months of the termination of pregnancy. However, 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.

The "genuine necessity" here includes two situations:1The conflict between husband and wife is very acute. It is not accepted that there may be serious consequences of injury, homicide or suicide. 2.The pregnancy and delivery of the baby by the woman were the result of illicit sexual relations with another person.

Therefore, if the man asks for a divorce, the child should be over one year old; If the woman requests a divorce, this restriction is not applicable.

The above only applies to divorce by litigation, but the parties can divorce by agreement.

Of course, you can leave, and if you negotiate it, you can leave at any time. But if it is solved by legal means, I am afraid it will be the same as what was said upstairs: A year later, the woman proposed.

But why divorce? Alas, the most innocent are the children.

Why do you want to leave?

What unites us is fate. The children have it. It was the crystallization of love.

If you leave, it will have a great impact on the child's future. Children cannot grow up without the love of either parent.

What problem can't be solved? The two of them sat down quietly and talked about something.

Why leave, how much damage it will do to the child's future.

Alas, poor baby

Dogs and men, regardless of children, as your friend, I am ashamed to die.

Legal Analysis: Yes. However, it is limited to the fact that the woman files for divorce or the people's court deems it necessary to accept the husband's request for divorce. Restrictive provisions on the time for the husband to exercise his right to request divorce. It aims to protect the physical and mental health of women, fetuses, and young children.

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.

After the people's court has ruled that the divorce is not allowed, and the two parties have been separated for one year, and one party files a divorce lawsuit 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 of imitation socks and the length of the term 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.

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.

The Marriage Act clearly stipulates that the woman is restricted from filing for divorce within one year after the birth of the child (the child is less than one year old).

The husband is not allowed to sue for divorce, and even if the court accepts it, it will dismiss it. There is no restriction on the woman filing for divorce.