If a pregnant woman proposed a divorce, does the man right to ask for custody?

The marriage law of our country stipulates that the man must not propose a divorce during the woman’s pregnancy, even if the divorce litigation court will not accept it.But the woman who is pregnant can sue for divorce. If the pregnant woman wants to prosecute the divorce, what should I do?

Netizen consultation:

There are still two months of childbirth to divorce. If the man has the right to ask the child’s custody in the future? If you can’t find a job for a while, do you have to give up custody?

Lawyer Zhang Miaolin, a law firm of Tianjin Lianlian Law Firm, answered:

One of the men and women who resolutely ask for divorce, and the other party does not agree with divorce or men and women cannot reach a voluntary divorce agreement, and they can filed a lawsuit to the people’s court.The divorce case is generally under the jurisdiction of the people’s court where the defendant’s household registration is located; if the defendant’s household registration is inconsistent with the frequent place of residence, the people’s court of the place of residence is under the jurisdiction;

The woman is not allowed to divorce during pregnancy and one year after childbirth. The woman’s suspension of pregnancy will be suspended according to the requirements of family planning. The man shall not propose a divorce within six months after the operation.For divorce litigation, the parties can entrust one or two to the lawsuit.The court has decided that the divorce case that is not allowed to divorce. Without new situations and reasons, the plaintiff was sued for six months and did not accept it.The judgment of lift the marriage relationship that has occurred in the law shall not apply for retrial.

Attorney Zhang Miaolin analysis:

Can the woman sue for divorce during pregnancy?

The "Marriage Law" stipulates that the man shall not propose a divorce for the woman during pregnancy, one year after childbirth, and suspension of pregnancy, and the woman can propose a divorce rule to reflect the special care of them above.

Article 34 of the Marriage Law of my country stipulates: "The woman shall not propose a divorce during pregnancy, one year after childbirth, and suspension of pregnancy. , Not here. "

This provision illustrates three issues:

1. The man shall not be filed for a divorce request during the woman’s pregnancy, one year after childbirth, and the suspension of pregnancy.In other words, within the above time, the man did not make the right to divorce requests;

2. In the above time, the woman made a request for divorce. The people’s court believed that it was necessary to accept it.

3. The man’s divorce request within the above time can only be accepted if it is required by the people’s court to confirm that it is necessary.It is not difficult to see that the reason why the law stipulates is to fundamentally clarify the protection of women and children.I am sincere and enthusiastic, and I will do my best to understand your urgency!

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