When the woman is pregnant, the man cannot propose that divorce is the restriction of divorce to the man’s divorce, mainly to protect the rights and interests of women and children.However, if the woman proposed to divorce or the court considers it necessary to accept it, the divorce can be judged as depending on the situation.
Netizen consultation:
Can the wife get pregnant, and what are the cases that the law stipulates?
Lawyer Zhang Jing of Yunnan Jingjie Law Firm answered:
During the woman’s pregnancy, the woman proposed a divorce, and the court could not divorce, and the man had no right to propose a divorce.
Reference method: Article 34 of the "Marriage Law" Article 34 The man shall not propose a divorce during pregnancy, one year after childbirth or within six months of pregnancy.The woman’s divorce, or the people’s court believes that it is necessary to accept the divorce request of the man, which is not limited.
Lawyer Zhang Jing added:
Everyone knows that there are only two ways stipulated in our marriage law, one is to agree on divorce, and the other is litigation divorce.No matter what method is adopted, as long as the relationship between the husband and wife is broken, divorce is inevitable.At this time, some people want to ask: If the husband and wife are short of marriage, the child is just born, can they still be divorced? Can the new marriage law amended in my country in 2001 stipulates that the woman is Within six months, the man must not propose a divorce.The woman’s divorce, or the people’s court believes that it is necessary to accept the divorce request of the man, which is not limited.
According to Article 34 of the New Marriage Law, the man’s prosecution of divorce during breastfeeding is limited by law.However, we can see that there are three cases that can be divorced according to Article 34 of the New Marriage Law:
First, the two parties divorced by the Civil Affairs Bureau agreement.
Second, the woman sued for divorce.
Third, the man sued the divorce, and the court believed that it was necessary to accept the man’s divorce request.This exception generally includes a child of the child’s biological father, an extramarital third party, or the couple with a serious family violence tendency. Do not immediately divorce may endanger the personal safety of both parties or children.However, Article 34 of the New Marriage Law stipulates that the restricted body is the man, not the woman; it is limited to the man’s right to prosecute within a certain period of time, not to negate and deprive the man’s right to prosecute.EssenceAt the same time, the law has no restrictions on the situation of the woman’s consent agreement or the woman sued the divorce, which also reflects the principle of law respect for women’s wishes.
Lawyer Zhang Jing is an expert in marriage law, civil and commercial law, and has rich experience and skilled skills in the distribution of divorce property, children’s support, inheritance of heritage, and foreign -related marriage related to marriage and family. It is particularly good at dealing with disputes over the divorce property that is good at dealing with major difficulties.To the greatest extent, strive for legitimate rights and interests for customers.
Lawyer Zhang Jing concluded:
It can be seen that Article 34 of the "Marriage Law" in my country stipulates that the man shall not propose a divorce during pregnancy, 1 year after childbirth or within 6 months after pregnancy.The woman’s divorce, or the people’s court believes that it is necessary to accept the divorce request of the man, which is not limited.
