Can a woman file for divorce if the child is less than one year old Is there any disadvantage to the

The woman can. Whether it is beneficial to the woman or not, it is not beneficial to the child. Think about your child first. Why file for divorce, if the man is at fault, the woman can file for compensation.

Why do you want to divorce, how difficult it is to get together, the child is still so young, you also have to think about the child, to get down to business, you can file for divorce. There is no disadvantage, the court will see that the child is suitable to live there, and if the conditions are good, it will return there, and it may be on your side for the time being, you better think about it, don't be too reckless.

According to the relevant laws, the husband and wife can divorce by agreement at any time, but in the case of litigation divorce, the man cannot sue the court for divorce during the woman's pregnancy and breastfeeding, but there is no such restriction for the woman.

Second, no matter who files for divorce, it will not affect the rights and obligations of both parties.

It's not good for children, it will leave a shadow of growth for a lifetime, and it's hard for women to find a partner.

Generally, after the divorce, the child will be awarded to the one with better conditions, but the other party will have to pay child support every month. I don't have a relationship with a man or leave it, I don't think it's necessary to wronged myself for the sake of the child, I don't live for this child in this life, the main thing is to live a good life for myself, think about it.

Why do you have to go this way.

Divorce is okay, the child is still young and has to live with the woman, and the man has to pay a certain amount of child support.

Legal analysis: The woman who divorces the child before the age of one can file for divorce, and basically the child will be awarded to the woman for custody, and the award to the woman is conducive to the healthy growth of the child, because the child still needs to breastfeed.

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 voluntarily leave the marriage and the opinions reached through consultation 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 the 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.

Legal analysis: The female Yuan Qiaofang unilaterally filed for divorce and the child was only one year old and could be awarded to the woman.

Legal basis: Article 36 of the Civil Code of the People's Republic of China The relationship between divorce and the relationship between the parents and the children is not eliminated by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If there is a dispute between the two parties over the custody of the child after the breastfeeding period and cannot reach an agreement, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Hello, the child under the age of one is generally awarded to the woman.

The law stipulates that children who have reached the age of two shall be raised directly by the mother in principle, and the husband shall generally pay child support. However, if both the man and the woman agree by mutual agreement, the man can also be raised.

Relevant legal provisions] Civil Code of the People's Republic of China

Article 1084 The relationship between parents and children is not eliminated by the divorce of parents. After divorce, whether the child is raised directly by the father or mother, it is still the rotten child of both parents. 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 a child has reached the age of eight, their true wishes shall be respected.

In principle, the custody of the child under the age of one year belongs to the woman, and breastfeeding is more advocated in China, that is, the baby under the age of two years needs to be breastfed. If the child is older, about 10 years old, then the child's custody is chosen by the child himself, and the custody of the child belongs to the people's court from the perspective of the child's judgment.

The child is still young, can not leave, try not to leave, if it is necessary to leave, this time can be discussed.

[Legal Opinion.]

Children under the age of two years are awarded to the woman.

In the face of the law, because the child is still young, most of them will be awarded to the mother The specific situation depends on how you negotiate, if you both can negotiate successfully, it is up to you to decide together If you negotiate unsuccessfully, as long as the woman has the ability to take care of the child, it will be awarded to the woman.

Legal basis] Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts" 1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under two weeks old will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

It depends on whether the child is a boy or a girl, and it is generally more likely that children under the age of one will be raised by women! However, it is also necessary to comprehensively consider the comprehensive factors such as whose conditions are more suitable for raising children on both sides and who has raised the children before, in short, a principle is conducive to the growth and development of children!

One-year-old children, you husband and wife negotiate who wants the child. According to the law, either spouse has the right to file for divorce if the relationship between the spouses has indeed broken down and it is no longer possible to continue living together. In the event of a divorce, the joint property of the spouses is disposed of by agreement between the spouses.

If the agreement is not reached, it can be sued by the court for a judgment. It can be seen that the court's handling of divorce cases is based on whether the relationship has broken down, not that if you file for divorce, if the court satisfies your claim, you should make concessions on property, that is, award you less property, which is a wrong understanding. However, from a legal point of view, from a practical point of view, there is still a certain amount of truth in "whoever files for divorce first will suffer", why?

For example, if you file for divorce first, usually your desire for an early divorce will generally be stronger than his, and he may seize your eagerness to divorce and force you to make concessions in terms of property or other aspects by resolutely not leaving. If you don't give in, he will resolutely disagree to the divorce, so that the court will not be able to grant the divorce at the time of the first lawsuit, and your final divorce will be delayed, causing you psychological pressure. In order to dissolve the marriage relationship as soon as possible, you may have to consider making concessions in terms of property or other aspects in order to achieve the purpose of "taking money to buy time" and thus divorce early.

Therefore, whether "whoever files for divorce first will suffer" applies to your situation or not mainly depends on your mentality, the urgency of divorce, and your own psychological factors.