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If a pregnancy is discovered after the divorce, a decision to abort or preserve the birth of the fetus may be made on the basis of the person's circumstances. Where pregnancy is discovered after divorce, the child born of pregnancy is still the child of the parents, and the parents shall bear the obligation to support the child in accordance with law. If the pregnant spouse gives birth to a child after the divorce, the ex-husband can be required to pay alimony and education expenses.
After divorce, the nursing child shall be raised with the nursing mother. If there is a dispute between the two parties over the custody of a child after the breastfeeding period and no agreement can be reached, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties. After the divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.
An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.
Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. 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 children have reached the age of 8, their true wishes shall be respected.
What documents are required for divorce procedures?
These materials are required for divorce procedures: 1. My household registration book and ID card; 2. Marriage certificate; 3. The divorce agreement signed by both parties. 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.
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Legal Analysis: You cannot be divorced during pregnancy. The law stipulates that a man may not file for divorce during pregnancy, within one year after childbirth or within six months after the termination of pregnancy.
Therefore, the woman will not be divorced during pregnancy, and can only file for divorce on her own. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 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. 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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Pregnancy divorce is handled as follows:
1. The first party of the woman can divorce by agreement with the man and sign a written agreement;
2. If the man does not agree to the divorce, the woman can go directly to the court to sue and explain the corresponding evidence.
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Legal analysis: During the woman's pregnancy, the man is not allowed to file for divorce; However, this is not the case where the woman files for divorce or where the People's Law School Jianpei Institute deems it necessary to accept the man's request for divorce.
Legal basis: Article 1082 of the Civil Code of the People's Republic of China provides that during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, the male party shall not file for divorce; 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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If the decision is made to give birth to a child, then even if the divorced man is obliged to raise and educate. The woman may request the husband to pay child support, and the two parties may negotiate the amount and duration of the child support, and if the negotiation fails, the court may apply for a judgment on the hardship.
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Summary. Hello dear <>
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In the face of divorce and pregnancy, the following ways can be considered:1Communicate with your ex-spouse:
The first step is to communicate openly with your ex-spouse and discuss your attitude and handling the situation together, and try to solve the problem in a cooperative manner. 2.Seek legal advice:
Confirm pregnancy and health check-ups as early as possible to ensure that you and your baby are in good physical condition, and take the necessary health care measures in a timely manner. 4.Consider arrangements for childbearing and child rearing:
According to your own situation and the law, consider whether you want to continue the pregnancy and give birth, and how to arrange the custody and custody of the child. 5.Seek family and social support:
When facing the dilemma of divorce and pregnancy, you can seek the support and help of family, friends, and professional agencies for emotional and substantive support. 6.Self-care and attention:
When dealing with this complex situation, it is important to pay attention to your physical and mental health, minimize stress and anxiety, and arrange your life and work reasonably.
How to deal with a divorce and pregnancy.
Hello dear <>
Very high slow line code to answer your <>
In the face of divorce and pregnancy, the following ways can be considered:1Communicate with your ex-spouse:
The first step is to communicate openly with your ex-spouse and discuss your attitude and handling the situation together, and try to solve the problem in a cooperative manner. 2.Seek legal advice:
Confirm pregnancy and health check-ups as early as possible to ensure that you and your baby are in good physical condition, and take the necessary health care measures in a timely manner. 4.Consider arrangements for childbearing and child rearing:
According to your own situation and the law, consider whether you want to continue the pregnancy and have children, and how to arrange the custody and custody of the child with trembling. 5.Seek family and social support to disturb where:
When facing the dilemma of divorce and pregnancy, you can seek the support and help of family, friends, and professional agencies for emotional and substantive support. 6.Self-care and attention:
When dealing with this complex situation, it is important to pay attention to your physical and mental health, minimize stress and anxiety, and arrange your life and work reasonably.
Legal basis: Marriage Law: According to China's Marriage Law, the validity of divorce is not affected by the pregnancy after divorce, and issues such as property division, child custody and property inheritance after divorce need to be dealt with in accordance with the law.
Child custody: After divorce, the parents generally exercise custody of a pregnant child according to the Marriage Law of the People's Republic of China, and if the parties cannot reach an agreement, the court will interfere with the best interests of the child to determine the ownership of custody. Division of Property:
After the divorce, the parties should divide their property in accordance with the provisions of the Marriage Law of China. The situation of the pregnancy may have an impact on the division of property, and the court will judge and carry out a reasonable division of property according to the specific circumstances. Inheritance of children's property:
Pregnant children are still entitled to inherit their parents' property after the parties divorce. According to China's Inheritance Law, children have legal inheritance rights, and divorce does not affect the inheritance rights and interests of children.
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