[FREE LEGAL ADVICE]
QUESTION:
My husband and I have been married for 4 years. We have a baby over 2 years old and I am 3 months pregnant with my second child. But because my husband and wife's life was not in harmony and my husband had insulting words to me, I wanted to get a divorce, but my husband said that during pregnancy I could not divorce. I want a lawyer to advise that during pregnancy I have the right to request a divorce? And I also want to take custody of 2 kids because my financial is enough to take care of both of them, is it okay? Thank you, lawyer.
ANSWER:
Pursuant to Article 51 of the 2014 Law on Marriage and Family, providing for the right to request a divorce as follows:
- Wife, husband or both of them have the right to request the Court to resolve the divorce.
- The husband has no right to request a divorce in case the wife is pregnant, giving birth or nursing a child under 12 months old.
Pursuant to Clause 3, Article 81 of the 2014 Law on Marriage and Family on the supervision, care, nurturing and education of children after divorce:
- A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.
Contact your case, as provided above the husband does not have the right to request a divorce in case you are pregnant. However, in this case the law does not restrict the wife's right to request a divorce, so you still have the right to request a divorce. Based on Clause 3, Article 81 of the Law on Marriage and Family, you request the Court to grant custody of 2 children if you prove that you are eligible to raise children.
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