My wife violently violently during pregnancy, can I ask for divorce?

Of course, it is only possible to keep relevant evidence.

I have been engaged in legal practice for more than 10 years, and I will talk about this problem.

1. The marriage principle advocated by the law of our country is: freedom of marriage.Freedom of marriage, including freedom of marriage, naturally includes freedom of divorce.

As long as you reach the legal marriage age, no diseases prohibited by law and the special relationship between prohibition of marriage, both parties can voluntarily get married.

In the process of marriage, as long as the two parties reached an agreement, they can be divorced at any time.However, the Civil Code stipulates that a 30 -day divorce calm period, that is, the divorce of the Civil Affairs Bureau, needs to go at least twice to divorce.

When one party does not agree with divorce or both parties agree to divorce, but if the property division and children’s support cannot be consistent, they can only choose to divorce in the court.

2. However, in order to protect some special rights and interests, the law clearly stipulates that in some special circumstances, one party has no right to file a lawsuit. There are two main cases:

The first is the protection of military marriage.

Article 1081 of the "Civil Code" stipulates that those who ask for divorce for the spouse of active service soldiers must obtain the consent of the soldiers.

Of course, there is only one case, except that the soldiers have major faults.

This is mainly to allow active service soldiers to protect their families with peace of mind.

In our country’s laws, in addition to protecting military marriage through civil measures, it also specially protects military marriage in criminal ways.If you live with the spouse of active military soldiers, even if it is not in the name of a husband and wife, it can constitute the crime of destroying the marriage of the army.

Article 259 of the Criminal Law knows that it is a spouse of the active soldiers living or married with them.

The second is special protection for women during pregnancy and lactation.

Article 1082 of the Civil Code stipulates that the man must not propose a divorce within 6 months after the woman’s pregnancy, during breastfeeding (within one year after childbirth), and suspension of pregnancy.

However, like the special protection of the military marriage, there are exceptions to this special protection, that is, if the woman proposes divorce and the court feels that it is necessary.

3. The law does not stipulate that it is really necessary under any circumstances, but if one party has a serious family atrocities, it is certainly necessary because it will threaten the physical and even life safety of the other party.

However, the corresponding evidence is required for the claim.

This evidence is actually very simple to collect.There are two main ways:

The first is to record the domestic violence process by taking pictures, videos, etc. (monitoring).If it is inconvenient, record your injuries.

The second is to call the police in a timely manner and use the police’s records to prove it.If you are serious, you can go to the hospital to see a doctor, and the case is also good evidence.

4. However, you’d better think about why your wife violent you during pregnancy, did you do something extraordinary, or take care of your wife.After all, she is pregnant with your child, and it is recommended to communicate well.


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