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Can divorce after giving birth to a baby

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Can divorce after giving birth to a baby


        

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  • 2024-06-19 06:00:48

    It is generally not allowed to divorce after giving birth to a baby. The term "not allowed to divorce" here refers to litigation divorce.
    If both parties want to divorce by agreement or if the woman files a lawsuit for divorce, they are not subject to this restriction.
    During the period of pregnancy and within one year after childbirth, 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.

    Legal basis

    Article 1082 of the Civil Code of the People's Republic of China [Limitation on the right of the husband to divorce] The husband shall not apply for divorce during the period of pregnancy, within one year after childbirth, or within six months after termination of pregnancy; However, the exception is that the wife filed for divorce or the people's court deemed it necessary to accept the husband's divorce request.

    No***

    2024-06-19 06:00:48

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