According to the Marriage Law of China, "The husband shall not apply for divorce when the woman is pregnant or within one year after childbirth. This is not the case if the woman applies for divorce, or if the people's court deems it necessary to accept the divorce application of the man." This is a special protection for women during pregnancy and within one year after childbirth based on the principle of protecting the legitimate rights and interests of women and children, It is a restriction on the husband to apply for divorce. However, this restriction also applies only to divorce proceedings. If the husband and wife choose to divorce by agreement, they can still divorce even if the wife is pregnant. If the husband and wife choose litigation divorce, the court will decide whether the wife can divorce during pregnancy according to the specific situation.
