Can I apply for divorce during pregnancy?

In terms of the wife’s pregnancy, because the child’s arrival, the family should be more harmonious, but there are some families in life. The husband not only does not have the joy of being a father after pregnancy. On the contrary, he will also divorce his wife.Can you apply for divorce? Lawyer Dialogue Issue 471 invites Lawyer Shi Lixian to analyze and answer for everyone.Let’s take a look at the content of the conversation of lawyer Shi Lixian.

Lawyer Shi Lixian replied: The woman’s act of domestic violence and derailment in marriage during pregnancy can sue the court to divorce.Article 34 of my country’s "Marriage Law" stipulates that the man shall not propose a divorce during pregnancy, one year after childbirth or within six months after delivery.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.This regulation is only for the man’s special period for the woman’s pregnancy and within one year after childbirth, and within six months after pregnancy, and six months after pregnancy, except for the court’s considers the necessary situation, the man shall not propose a divorce.The restrictions have no restrictions on the woman’s initiative to propose divorce.

Lawyer Shi Lixian replied: Divorce during pregnancy, when the fetus is delivered, the child’s custody may be negotiated; if the negotiation cannot be achieved, according to Article 36, paragraph 3 of the "Marriage Law" in my country: "Children in the breastfeeding period, children during breastfeeding, The principle of raising the mother who breastfeed. After breastfeeding, the child after the breastfeeding problem cannot be reached due to the dispute between the raising problems, and the people’s court is determined by the children’s rights and the specific situation of the two sides. " Essence

Lawyer Shi Lixian replied: For the situation where the woman can apply for divorce during pregnancy, the man can apply for divorce: (1) the woman’s pregnancy and others are adulterated; (2) the woman abuses the man, the man is unbearableTolerance; (3) The woman has a situation that endangers the life and personal safety of the man.

Lawyer Shi Lixian replied: After the divorce, there are many cases that do not directly support the child’s party, but often do not get the support of the court. So what are the statutory situations that are changed?The relevant provisions of the review of divorce cases to deal with the child care of children ", one party requires that one party requires one of the following situations: 1.; 2. One party who lives with the children is incompetent or has the behavior of abuse, or the living with the children does not have an adverse effect on the physical and mental health of the children; 3. The minor children over the age of 10 are willing to live with the other party.The prescription has the ability to raise; 4. There are other legitimate reasons to be changed.In addition, the two sides can also agree to change the raising relationship.

Lawyer Shi Lixian replied: The party who does not directly support the child should usually pay the support fee until the child is over the age of eighteen.For those who are under the age of sixteen years old, they can take their labor income as their main source of living and maintain the local average living standards, parents can stop paying for support.In addition, despite the loss of labor or loss of labor ability, but their income is not enough to maintain life, the children who are still studying and do not have independent living ability and conditions, parents have the ability to pay.The necessary care fee should still be affordable.

Lawyer Shi Lixian is good at sorting out cases such as marriage, family, debt and debt, and enthusiastic about public welfare., Click "Learn more" at the bottom of the article to get a one -to -one legal help at lawyer Shi Lixian.


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