LEARN ABOUT DIVORCE

DIVORCE; Divorce can be described as the dissolution of marriage and the final termination of a marital union, cancelling legal duties and responsibilities within a marriage and dissolving the bonds of matrimony between the parties, unlike annulment which declares the marriage null and void. The dissolution of marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned parties. While it can take adults time to regain psychological equilibrium, there is debate whether children ever recover a stable perspective. Post divorce hostility between adults, in addition to directly hurting the children is a sure indicator that the emotional split is incomplete. Divorce laws vary considerably around the world but in most countries it requires the sanction of a court or other authority in a legal process. The legal process of divorce may also involve issues of spousal support, child custody, distribution of property and division of debt. Where monogamy is law, divorce allows each former partner to marry another. Where polygamy is legal but Polyandry is not, divorce allows the woman to marry another. Between 1971 and 2011, five European countries legalized divorce. Italy, Spain, Portugal, Ireland and Malta. However, two countries in the world, the Phillipines and Vatican City do not have a civil procedure for divorce. THE CHURCH , BIBLE AND DIVORCE; Early Christianity inherited the teachings of Jesus which exalted the women, to have held that in the beginning God created marriage to effect one flesh and to have taught a strict view denouncing divorce. In Corinthians Chapter 7 Paul handles the problem of divorce where he is willing to sanction separation in a marriage where a Pagan partner did not want to stay married to a Christian. The early Church in the circle from which Mathew’s gospel originated held that Jesus permitted divorce on the grounds of Porneia, (The Mathean exception). The English Church set up its own registration procedures whereby it could authorize marriages. In 1857 matrimonial cases Act set up matrimonial courts which could grant divorce on the ground of adultery, taking over jurisdiction from Ecclesiastical courts. There was increasing alarm over the growing number of divorces and the discovery of widespread immorality and breakdown of family life throughout the Nation and the urban poor. A stable civilization required stable marriage and therefore no divorce. Jesus Christ taught marriage to be unbreakable and divorce tantamount to adultery so that it must be maintained as a permanent union even if circumstances oblige the couple to separate and live apart. This is permissible but divorce and remarriage is contrary to New Testament teachings. God makes his stance on divorce clear in Malachi 2;16 where he states,`I hate divorce, says the Lord God of Israel ‘. According to the bible marriage is a lifetime commitment. So they are no longer two but one. Therefore what God has joined together let no man separate.(Mathew 19;6)God realizes though, that since marriages involve two sinful human beings, divorces are going to occur in the Old Testament . He laid down some laws in order to protect the rights of divorcees, especially women.(Deutronomy 24;1-4). Jesus pointed out that these laws were given because of the hardness of people’s hearts not because they were God’s desire.(Mathew 5;32 and 19;9). The phrase, `except for marital unfaithfulness’, is the only thing in the scripture that possibly gives God permission for divorce and remarriage. Sexual relations are an integral part of marital bond. The two will become one flesh. (Genesis 2;24, Mathew 19;5, Ephesians 5;31). Therefore any breaking of that bond by sexual relations outside marriage might be permissible reason for divorce. If so, Jesus also has re marriage in mid in this passage. The phrase, `and marries another’., in Mathew 19;9 indicates that divorce and remarriage are allowed in an instance of the exception clause whatever it is interpreted to be. Reconciliation and forgiveness should mark a believer’s life. (Luke11;4, Ephesians 4;3. TYPES OF DIVORCE; There are different types of divorce under Western law. No fault divorce, At fault divorce, Summary divorce, uncontested divorce, collaborative divorce, electronic divorce , collaborative divorce, electronic divorce, mediated divorce. In Western law, divorce does not require a party to assert fault on the apart of the partner leading to breakdown of their marriage. Prior to the onset of no fault statutes, a party would have to prove ground typically, `desertion’, abandonment, cruelity or adultery. The requirement of proving ground was revised and withdrawn by the terms of no fault statutes which became popular in the United Kingdom, Australia, United States, Canada, South Africa and New Zealand, in the late 1960’s and early 1970’s. In no fault jurisdictions, a simple general allegation of irreconciliable differences or irretrievable break down with respect to the marriage relationship sufficed to establish the end of the marriage. Fault based and no fault based divorce requires that a party claims fault of their partner A court may still take into account the behavior of the parties when dividing property, debts , or evaluating custody and support. In a No fault divorce system, divorce requires no allegation or proof of fault of either party. The barest of assertions suffice. For example, in countries that require irretrievable break down, the mere assertion that the marriage has broken down will satisfy the judicial officer. At fault divorce which is also referred to as fault based divorce, can be contested . Evaluation of offences may involve allegations of collusion of the parties working together to get the divorce or connivance or provocation by the other party. Contested fault divorces can be expensive and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches. Summary divorce-is used when spouses meet certain eligibility requirements, or can agree on key issues like the marriage like the marriage being short spanned, no children, or in some cases where the spouses have resolved custody and set child support payments for children of the marriage, when minimal or no real property or no mortgage, or the marital property is under a threshold of around $35,000 not including vehicles or when each spouse’s property is under threshold, typically the same as marital property . Uncontested divorce; Divorces can be uncontested when two parties are able to come uopw tih an agreement, either with or without lawyers, mediators, collaborative counsel about the property children and support issues when parties agree and present the court with a fair and divorce is guaranteed If the two can’t agree, they may ask the court to decide how to split property and deal with the custody of their children. Collaborative divorce is a method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation . The parties are empowered to make their own needs and interest but with complete information and full professional support. It is more cost effective than other divorce methods. Electronic divorce ; Is a means that allows two persons married under certain jurisdiction, to file an electronic request for a no fault collaborative divorce in a non judiciary administrative entity. Specific cases with no children, real property, alimony, or common address can be decreed as summary within one hour. Mediated divorce; Divorce mediation is an alternative to traditional divorce litigation. In divorce mediation session, a mediator facilitates the discussion between the two parties by assisting with communication and providing information and suggestions to help resolve differences. At the end of the process, separating parties have typically developed a tailored divorce agreement that can be submitted to court. Mediated sessions can include either party’s attorneys, a neutral attorney or an attorney mediator who can inform inform both parties of their legal rights but does not provide advice to either or can be conducted with the assistance of a facilitative or transformative mediator without attorneys present at all. Divorce mediation is significantly less costly, both financially and emotionally than litigation. In other jurisdictions requiring ireconciliabe differences, the mere allegation that the marriage, the mere allegation that the marriage has been destroyed by these differences is enough for granting divorce. Courts will not inquire into facts. A Yes is enough even if the other party vehemently say no. The application can be made by either party or by both parties jointly. In most jurisidictions, a divorce must be certified or ordered by a judge, by a court of law to come into effect. The terms of the divorce are usually determined by the courts though they may take into account prenuptial agreement or post nuptial agreement, or simply ratify terms that the spouse may have agreed to privately. In jurisdictions adopting the `no fault’ principle in divorce proceedings, some courts may still take into account the behavior of parties when dividing property, debts, evaluating custody and support, facts which almost always have considerable weight in proceedings. This is particularly true in custody cases where the courts might consider many factors which mirror fault grounds, such as drug abuse, alcoholism , violence, cruelity, instability neglect and possibly the preference of an intelligent mature child. In some countries, when the spouse agree to divorce and to the terms of the divorce, it can be certified by a non Judiciary administrative entity, The effect of the divorce is that both parties are free to marry again.