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Can I divorce during pregnancy? How should I leave

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Can I divorce during pregnancy? How should I leave


        

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  • 2024-06-26 01:00:47

    Divorce is generally allowed during pregnancy. Both parties can divorce by agreement or by litigation, but litigation divorce is generally accepted by the court only when the woman proposes it.
    Article 31 of the Marriage Law stipulates that divorce shall be granted if both men and women wish to divorce. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues.
    Article 32 stipulates that if one of the men and women requests divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.
    When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.
    Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for two years due to emotional discord;
    (5) Other situations that lead to the breakdown of the relationship between husband and wife.
    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.
    Article 34 stipulates that the husband shall not apply for divorce when the wife is pregnant, within one year after childbirth or within six months after termination of pregnancy. 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.

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