Why can t the man file for divorce while the woman is pregnant?

Because the woman is going to be a mother, and the man is going to be a father, and filing for divorce, is it possible that both parties want to think that the child is born a child with a mother and no father or a child with a father and no mother, and what do the classmates say about him when the child goes to school in the future, and what do the neighbors say about him, do both parties want the child to be addicted to this kind of world for the rest of his life? If I were this child, I shouldn't have come into this world, and it was a mistake for me to come into this world. If there really are such parents, please consider carefully, otherwise you will regret it for the rest of your life

I think if a man files for divorce at this time, he is very irresponsible, after all, the harm caused by divorce will not only hurt the girl, but also hurt the child, after all, the child is not wrong.

On the one hand, it is the current marriage law, and on the other hand, it is also out of consideration for the emotions of pregnant women!

According to the laws of our country, the husband may not file for divorce during pregnancy, within 1 year after childbirth or within 6 months after the termination of pregnancy.

However, it is not absolute that the man may not file for divorce during the woman's pregnancy, and under special circumstances, the law allows the man to file for divorce out of comprehensive consideration of the interests of both the man and the woman. The main of these cases are:

1) The woman's pregnancy is caused by adultery with another person after marriage;

2) The woman's health has recovered after the miscarriage;

3) The husband is being abused and unbearable;

4) One party endangers the life or physical safety of the other party.

Legal basis] Civil Code

Article 1082: A man may not file for divorce during 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 Li and split the marriage or the people's court finds it truly necessary to accept the husband's request for divorce.

Legal Analysis: The man cannot file for divorce during the woman's pregnancy. The man may not file for divorce during pregnancy, within one year after childbirth, or within six months of 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. That is, under normal circumstances, the man cannot sue for divorce while the woman is pregnant. However, the law also gives the court a power to confirm that it is necessary to accept the husband's request for divorce.

Where the people's court finds it truly necessary to accept the man's request for divorce, it mainly includes: the woman has committed adultery with another person and becomes pregnant after marriage, and the fact is not disputed by the woman or is found to be true, and the man submits for divorce, and the people's court shall accept it. That is, if the woman does not dispute the fact of the pregnancy caused by adultery or finds it to be true, it is really necessary and can be accepted.

This interpretation is in line with this provision of the law.

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 go to the town for 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 files a lawsuit for divorce, 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.

During the woman's pregnancy, the man can file for divorce, and the parties can divorce by agreement, but the man cannot file a divorce lawsuit with the court. Even if it is raised, the court will not accept it.

Although the law restricts the man's right to sue within a certain period of time after the woman's pregnancy and childbirth, the man's request for divorce can still be accepted under special circumstances.

In judicial practice, a man can file for divorce during his wife's pregnancy if the following circumstances exist:

1) The woman becomes pregnant due to sexual relations with another person after marriage, and the woman loses the need for protection.

2) During the woman's pregnancy, within one year after childbirth or within six months after the termination of pregnancy, the man's life is threatened by the woman or the woman's lawful rights and interests are seriously infringed.

3) The woman abuses or abandons the baby.

1. What are the main circumstances under which the law restricts the husband's right to sue for divorce?

The restriction on the husband's right to sue for divorce is that the husband may not file for divorce during the woman's pregnancy, within one year after childbirth, 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. This provision is based on the principle of protecting the legitimate rights and interests of women and children, with special protection for women during pregnancy and within one year after childbirth, and is a restriction on the husband's filing for divorce.

Therefore, the woman's pregnancy is only restricted by the man's right to sue, but the woman's right to sue for divorce is not affected, and if the pregnant woman wants to divorce, the law is not restricted. However, if the divorce is filed by the man, then the divorce will not be accepted unless the court really deems it necessary to entertain the man's request for divorce.

According to Article 1082 of the Civil Code of the People's Republic of China [Restrictions on the Husband's Right to Sue for Divorce], the man shall not file for divorce during the woman's 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.

2. Whether the child can apply for divorce just after the first month of age.

A child who has just reached the age of one cannot sue for divorce. There is no time limit for divorce if both men and women agree to divorce. In the case of divorce by litigation, the man may not file for divorce during pregnancy, within one year of childbirth, or within six months of the termination of pregnancy.

In this case, even if the man files a divorce lawsuit with the court, the court will not accept or dismiss it. This restriction is not imposed where a woman files for divorce, or where the people's court finds it necessary to accept a man's request for divorce. It is truly necessary to accept the divorce request of the man in need, generally referring to the fact that the child born is not born to the man, or that the woman has committed other acts that seriously endanger the man or the child.

If the husband sues for divorce, the pregnancy must be aborted one year after the woman has given birth or six months after the pregnancy has been terminated.

Article 1082 of the Civil Code stipulates that the man shall 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 files for divorce or the people's court deems it necessary to accept the husband's request for divorce.