Getting married has a compulsory element that is voluntary, so everyone can ask for a divorce on their own. However, there are exceptions. Law on Marriage and Family stipulates as follows:
Article 51. The right to request settlement of divorce
1. Husband or wife or both have or have the right to request a court to settle their divorce.
2. A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.
3. A husband has no right to request a divorce when his wife is pregnant, gives birth, or is nursing an under-12-month child.
According to these provisions, when a wife is pregnant, gives birth, or is nursing an under-12-month child, a husband is not entitled to get divorced. This provision is applied to situations:
* Children under 12 months old do not share the same bloodline with the husband
* Children under 12 months old are adopted by the wife only or both spouses.
And of course, when the wife is pregnant, the husband does not have the right to request a divorce, although it is unlikely that the husband is the “author” of that fetus. However, in the opposite direction, the wife still has the right to request a divorce.
As such, you do not have the right to request a divorce in this case.
Conversely, the wife is not limited in her right to divorce in any case, so if the wife is the one who actively requests for divorce, the court still has grounds to accept and settle.
This is the article advising on “Can a husband get divorced when a wife is pregnant?” by Apra Law Firm. If you have any questions or concerns, please contact the hotline for further advice and support.
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