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Can the woman apply for divorce during pregnancy

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Can the woman apply for divorce during pregnancy


        

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  • 2024-06-21 23:01:42

    Divorce is a very heavy topic, because it means that two people who were close at the beginning have parted ways from each other, and some even turned against each other seriously. So, for pregnant women of special groups, can they divorce during pregnancy
    Divorce refers to the legal act that both parties dissolve the marriage relationship and terminate the rights and obligations between husband and wife through agreement or litigation. From the perspective of protecting women's rights and interests, according to the provisions of China's Marriage Law, divorce should be granted if the relationship has really broken and mediation is invalid. It is a legal condition for a divorce to be decided that the relationship between husband and wife has really broken down. At the same time, it also stipulates that the man cannot file a divorce lawsuit during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, in order to protect the actual rights and interests of the woman during her fragile period. However, the law allows the woman to file a divorce. As long as the woman has evidence to prove that the man's relationship between husband and wife has actually broken, The court has a good chance of ruling on divorce between men and women.
    Article 34 of the Marriage Law of the People's Republic of China
    [No divorce] During pregnancy, within one year after childbirth or within six months after termination of pregnancy, the husband shall not apply for divorce. This restriction shall not apply if the wife applies for divorce, or if the people's court deems it necessary to accept the husband's divorce request.

    I***

    2024-06-21 23:01:42

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