The husband and wife sued divorce, and it seemed to have become a thing that everyone was accustomed to.Many couples can only be divorced through litigation in the end during the divorce process that they cannot reach the same reason during the divorce.
In fact, it is not that the node can be prosecuted in any case at any time, that is, in some cases, there are no prosecution to divorce. Even if the parties sue for divorce, they will be rejected by the court.
Today, we will think together by a divorce case together, in which circumstances can husband or wife cannot sue divorce.
Wang Mouqiang has been married to his wife Sun Mouping for seven years, but somehow, his wife Sun Mouping has never been able to successfully bred a child.The couple checked many times, and they said that no one was wrong, but his wife Sun Mouping had a miscarriage every four months of pregnancy, and had been abortion four times before and after.
Wang Mouqiang’s mother has always believed that Sun Mouping has a problem, and no child has become the heart disease of the family.This time, Sun Mouping was pregnant for the fifth time, and the child had a miscarriage in four months. Sun Mouping was very sad, but Wang Mouqiang’s mother was unhappy and asked Wang Mouqiang to divorce Sun Mouping.
Wang Mouqiang is a mother, especially listening to his mother. Seeing that his mother had been so troublesome, Wang Mouqiang couldn’t hold the pressure and proposed to divorce Sun Mouping.Seeing this, Sun Mouping’s mother asked Wang Mouqiang’s family to compensate her daughter’s mental loss over the past seven years.
After arriving at the court, the two of them were preparing to quarrel. As a result, a sentence was stunned by the judge. The judge said that at this stage, Wang Mouqiang could not sue to divorce Sun Mouping.This in the end is why?
If you want to know why the judge said that Wang Mouqiang must not prosecute to divorce Sun Mouping, the first thing we need to understand is what the law stipulates, and the divorce is not allowed.
(1) Within six months of pregnancy and termination of pregnancy
Article 102 of the "Civil Code" in my country clearly stipulates that the woman shall not propose a divorce during pregnancy, one year after childbirth or within six months after childbirth; It is necessary to accept the man’s divorce request.
Through the above provisions, we can see that in general, the woman must not be divorced during pregnancy, one year after childbirth, or within six months after childbirth or within six months.The reason for divorce.
Shortly after Sun Mouping had a miscarriage, the legal man must not sue the time node of divorce.However, we should also see the exception. At this time, the woman can sue divorce. The people’s court can also allow the man to make a divorce request according to the specific situation of the case.
(2) within one year after the judgment
After the people’s court’s decision was not allowed to divorce, within one year, one party filed a divorce lawsuit again, and it was not allowed.In other words, the decision of the effectiveness of the people’s court is clearly not divorced. Under this premise, in accordance with relevant laws and regulations, after one year of separation, it is confirmed that the relationship between the two parties has been ruptured before the possibility of leaving.Therefore, it is not allowed to sue divorce under the circumstances of less than one year.
(3) Within six months of prosecution and withdrawal
In the divorce lawsuit, the plaintiff automatically withdraws the lawsuit, and there is no new situation or reasons. It is not allowed to sue within six months.Because there is no new situation or evidence and facts, the divorce was once again sued in just six months, and there was a suspicion of waste of lawsuit resources.
(4) Military spouses without the consent of the soldiers
The spouse of the service soldiers requests a divorce should obtain the consent of the soldiers, except for the soldiers’ faults.In other words, those who have sued the divorce without authorization without the consent of the soldiers, which is also not allowed by the law.Of course, there is an important premise that the soldiers themselves do not have any faults.
We said above that the man must not sue divorce during his wife’s pregnancy or within six months of pregnancy, but there is an exception that the court believes that it is necessary to accept the man’s divorce request. It is necessary to include:
(1) The man has evidence to prove that the fetus is not born in the pregnancy
Specifically, the man has evidence to prove that the child in the wife’s belly or the child who has miscarriage is not his own child, but a pregnancy after improper sexual relationship with others, including adultery, prostitution, and so on.
If you want to achieve the effect of acceptance, the evidence here proves that there is a certain standard for power. It requires direct and clear evidence to prove that the fetus is not biological, so it is difficult to collect certain evidence. It is more difficult to achieve.
(2) The man has evidence to prove that he is threatened by the woman, etc.
If the man has evidence to prove that within the above period, personal safety is threatened by the woman, or his own legitimate rights and interests are severely violated by the woman, then it is also necessary.
In other words, under such circumstances, if the court does not allow the man to file a divorce lawsuit, or cause potential threats and hidden dangers to the man’s life safety, it is necessary to accept the man of divorce in the man to accept the divorce.
(3) The woman concealed major diseases
The woman concealed major illnesses before marriage, and caused serious consequences such as unable to give birth after marriage. Depending on the specific situation and severity, it may also be determined as a necessary situation.
For the situation in our above cases, because Sun Mouping did not conceal major illnesses before marriage, and after marriage, it did not show any problems in the body. In this caseSituation.
Pregnancy is of great significance to women, not only physical changes, but also its spiritual meaning.For women during pregnancy or women who have just ended in pregnancy, their bodies and psychology are suffering tremendous pressure. Under this premise, the law believes that it is necessary to give it a certain tilt in order to truly realize the original intention of fairness and fairness.
However, there are certain exceptions, that is, what we are talking about today is indeed necessary. In specific judicial practice, there is no exact absolute absolute. It still needs to be analyzed and handled according to the specific cases.