Can you get a divorce while breastfeeding, and can you get a divorce while breastfeeding

Divorce is generally not allowedIn fact, there are two ways to divorce during lactation: one is divorce by agreement, that is, both parties sign a divorce agreement and register the divorce with the marriage registration authority. The second is litigation divorce, that is, if the two parties cannot reach a divorce agreement, and one party insists on divorce, it needs to file a divorce lawsuit in the people's court and request the people's court to judge the divorce.

According to Article 34 of the Marriage Law, the husband may not file for divorce during 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.

In addition, the conditions for obtaining divorce compensation during lactation:

If the male of the parties meets one of the following conditions, the woman can receive compensation in the divorce while breastfeeding:

1. Bigamy; 2. Cohabitation with others;

3. Domestic violence;

4. Abuse and abandonment of family members.

Divorce is possible while breastfeeding. However, according to the provisions of China's Civil Code, the man may not sue for divorce during the woman's pregnancy, within one year after childbirth, or six months after the termination of pregnancy. This is based on the consideration of the reality of the situation and the reasonable restriction of the husband's right to request divorce in order to protect the interests of women and children.

If the husband initiates a divorce lawsuit during this period, the court will not accept or reject the lawsuit. However, this does not mean that couples cannot divorce while breastfeeding, as the law does not prohibit the woman from suing for divorce, and if both parties are willing to divorce, they can also choose to divorce by agreement.

Legal basis] Article 1082 of the Civil Code provides 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, 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: Divorce is possible, but only the woman can file for divorce during the breastfeeding period, and the man cannot file for divorce, unless the court considers it necessary to accept the man's divorce request.

Legal basis: Article 1082 of the Civil Code of the People's Republic of China 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.

Legal analysis: Yes, the woman can file for divorce, and the parties can divorce by agreement. The restrictive provisions of the law on divorce are 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; 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 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.

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 lactation period, the child is still young, and for the protection of the interests of the child, if the couple wants to divorce during this period, there are more restrictions, but this does not mean that the divorce cannot be granted during the lactation period. The question of divorce during lactation depends on whether the couple is divorced by suit or by agreement, and whether the wife initiates divorce proceedings or the husband initiates divorce proceedings. (1) The husband initiates a divorce lawsuit According to the provisions of the Marriage Law, if the wife is breastfeeding, the husband may not file for divorce.

However, it is not absolutely forbidden for the man to file for divorce while the woman is breastfeeding, and if the woman makes a major mistake, or becomes pregnant due to adultery after marriage, or has engaged in sexual relations with another person during childbirth, etc., the people's court may accept the divorce case if it is found to be true. (2) According to the provisions of the Marriage Law of the People's Republic of China, a woman may file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy. If a woman decides to divorce while breastfeeding, and it is ascertained by the court that the relationship between the husband and wife has indeed broken down and there is no possibility of reconciliation, the court may grant a divorce on the basis of the facts.

In particular, if the man's fault causes the woman to file for divorce, then the judgment of divorce may be better for the woman and the baby, and it is more conducive to protecting their rights and interests. (3) Divorce by agreement means that both husband and wife are willing to divorce and reach an agreement on the issues of child support and property division, go to the Civil Affairs Bureau to register the divorce and obtain a divorce certificate. The Marriage Act does not prohibit divorce by mutual consent while breastfeeding.

Therefore, as long as both spouses are willing and agree, then the couple can go through the divorce by mutual agreement while breastfeeding. If the husband and wife want to divorce while breastfeeding, there will be certain restrictions on the man's lawsuit for divorce, and the court will generally not accept the man's divorce request unless the man has special circumstances. Of course, this does not mean that the husband and wife cannot dissolve the marriage relationship during the breastfeeding period, if the two parties agree to divorce or the woman files a divorce lawsuit, although the man sues for divorce but there are special circumstances, then the divorce conditions are finally met, or the marriage relationship may be dissolved.

Legal analysis: If the child is breastfeeding, that is, within one year after the woman gives birth, the man is not allowed to file for divorce at this time. However, if the woman files for divorce or if the court deems it necessary to accept the husband's request for divorce, the couple can divorce even if the child is still breastfeeding.

Article 1082 of the Civil Law of the People's Republic of China: The husband shall 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.