What should I do if I want to divorce when I am pregnant?Who is the child who is born?Divorce lawyer tells you

If the woman is pregnant, in accordance with the law, the man shall not propose a divorce; but under special circumstances such as divorce, or children’s non -male children, the court will also accept the divorce request of both parties.Even if the two sides are divorced, the child is still the children of both sides after being born, and the relationship between parents and children is not eliminated by divorce.In principle, the child who was born was raised in principle, unless the mother had a major illness such as a major disease, which was not suitable for raising children.

What should I do if I am pregnant?Lawyer Zhang Yamin

Article 1082 of the Civil Code stipulates that "during pregnancy, one year after childbirth, or within six months after pregnancy, the man shall not propose a divorce;","

In other words, during the woman’s pregnancy, the man cannot take the initiative to propose divorce, but the woman can actively ask for divorce.In special cases, for example, the man has evidence to prove that the woman’s child has no blood relationship with himself, and the court will also accept the man’s demand for divorce.

In practice, even if the man concealed the fact that the woman’s pregnancy was successfully filed, the court will directly reject the man’s lawsuit.Some people want to prove that the woman’s child has no blood relationship with her and has achieved the purpose of prosecution, but evidence in this area is difficult to collect.In practice, during pregnancy, the man’s divorce demand will not be accepted or rejected by the court.

It is worth noting that even if the woman’s abortion or the child is born six months, in principle, the man cannot actively lift the divorce, and the court will not file a case or directly dismiss the divorce request.

Can the woman getting a divorce?Lawyer Zhang Yamin

Article 1084, paragraph 3 of the Civil Code stipulates that "After the divorce, children who are less than two years old are based on the principle of directly raising by the mother. Children who are two years old, and both parents are not agreed on the raising issues. The people’s court shall be based on the people’s court.The specific situation of the two sides is judged in accordance with the principles that are most conducive to minor children. Those who are eight years old should respect their true wishes. "

For children who are just born, if the two parties can reach the custody right, the court will respect the opinions of the parties.If the two sides cannot reach an agreement, the child is raised in principle.If the woman refuses to raise, the man’s request for raising, or if the woman has a situation that is not suitable for raising children such as drugs, gambling, and severe diseases, the court will also judge that the child will be raised by the man.

If both parties refuse to raise their children, the court may first ruling to be raised by one party.The party that does not directly support the child needs to bear some or all of the support.

After the divorce judgment takes effect, if one of the children who support the child are not suitable for raising, or if the child is more than eight years old, he actively requests and lives with the other party.

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