Children can get divorced in four months. If a divorce lawsuit is filed, the man may not file a divorce unless the woman files a divorce or the people's court considers it necessary to accept the man's divorce request. However, both husband and wife can agree to divorce by themselves and are not subject to the above restrictions.

legal ground

Article 1082 of the Civil Code of People's Republic of China (PRC)

During pregnancy, within one year after delivery or within six months after termination of pregnancy, the man may not file for divorce; However, unless the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce.

Article 1076

If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079

If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.