Both men and women are free of marriage, and divorce is also voluntary, but during pregnancy, the woman may not propose a divorce. If the woman proposes divorce demands, the court can accept it.What is the procedure for a pregnant woman to sue divorce? Ready to prosecute the prosecution, identity certificate, property certificate to the defendant’s residence or the resident court court.Look at the following legal regulations to look at the following of Shijiazhuang Xiaopu, please read.
1. If the divorce of the agreement, after the negotiation between the two parties, the divorce agreement, marriage certificate, and ID card of both parties go to the original marriage registration authority or the civil affairs department where the household registration is located to go through the divorce procedures to receive the divorce certificate;Can sue in the court of the defendant’s residence unilaterally, or sue in the court where the defendant is not located but often lives for more than a year.
Article 32 of the Marriage Law stipulates that if the relationship is indeed broken and the mediation is invalid, divorce should be allowed.
The first prosecution to divorce, if the prosecution did not provide evidence of the emotional rupture of the couple, such as: a big marriage or a spouse cohabiting with others, domestic violence, gambling, drug use, due to emotional disagreement, etc.In the case, the court would not judge the divorce. The indictment could only sue after 6 months after the judgment of the first instance.
2. Can the woman sue to 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 the request;
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.
3. What conditions should be met to sue divorce
The premise of divorce prosecution: The two parties must have a marriage certificate or have constituted a factual marriage.The fact that marriage refers to: Before the implementation of the "Regulations on Marriage Registration Management" on February 1, 1994, the men and women lived together in accordance with the name of the marriage law and registered in accordance with the marriage law.
The court does not accept the case: According to the provisions of Article 111 of the Civil Procedure Law, the judgment is not allowed to divorce and mediate a good divorce case. There is no new situation and new reasons.No acceptance.The plaintiff withdrawal or divorce cases handled in accordance with the withdrawal of the case, there were no new situations and reasons. The comparison of the above provisions within six months will not be accepted.
The above is the answer to your questions. The most important thing for the divorce of the prosecution is that the relationship between the two parties is broken. If there is indeed no feelings, the woman can make a request to divorce. During pregnancy, the woman’s legitimate rights and interests should be protected.The consequences are serious.
4. If the two parties agree to divorce the agreement, they can be handled.If the man prosecutes divorce, the law is prohibited.If the woman sued divorce, yes.Related method:
Article 31 The voluntary divorce of both men and women shall be allowed to divorce.The parties to the marriage registration office for divorce.The marriage registration authority finds that the two parties are indeed voluntary and have appropriately handled their children and property issues, and issue a divorce certificate.
Article 34 The man shall not propose a divorce during pregnancy, one year after childbirth or within six months of pregnancy.The woman’s divorce, or the people’s court believes that it is necessary to accept the divorce request of the man, which is not limited.
In short, the woman still puts on divorce carefully during pregnancy, after all, it is very harmful to her own property and mental injury.If the woman proposed a divorce during pregnancy, the court would accept it.The premise of divorce is that there is a marriage certificate or a de facto marriage. It is indeed that the relationship between the two parties can not recover. After the second prosecution, the court will judge divorce.