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Free «Divorce Laws» Essay Sample

The term divorce can be defined to be a legal termination of a particular union of people that constitutes what we call marriage. This is a crucial act that has stirred several and a varied concerns as it has affected the general living of the human kingdom as a whole, with its consequences hitting into the intrinsic human feeling, emotions and intentions (Phillips and Doody 72). In today’s modern society, marriage and its termination through this process of divorce have become the epicenter of the daily issues as in politics, and the making and the implementation of the laws that govern the human living and interactions. Furthermore, divorce can be defined as the final termination of marriage, withdrawal of the legal responsibilities and duties which are associated with marriage and dissolving the union of matrimony between two persons who had initially and legally entered into marriage. Divorce in today’s society has risen in a greater percentage than ever before. It is estimated that about thirty five percent of marriages in the world end up in divorce with that of the US hitting fifty percent of the total legal marriages. With regard to the rising debates about divorce, many countries are embarking on the mending of the laws that actually govern marriage and divorce.

Many nations/states appreciates the family as a setting upon which society and the human culture are based, and have therefore agreed to guard this institution in their making and governance of the constitutions as it is the source of order in the society and pillar of the future nations. It is with this that the institution has been treated as a source of morals with or without religious influences. Moreover, those who are in marriage are showered with rights which are only determined by the order of the court. On the other hand, some states have allowed the act to be practiced by its citizens, as approved by the governing law, and this has shifted the policies of the societies of these nations in that as far as divorce is no longer a major juridical determinant, people have no reason to recognize the international regulations with the incautious enforcement of the foreign regulations (Riley 175). The sentiment that divorce could be or could not be made to suit all the parties, will depend on the fact that the various parties have differing backgrounds and understanding of the same and hence have varying perspectives in the take on the same. The types and the causes of divorce are also of significance on the people’s perspectives.

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There are several causes of divorce which include sexual indiscretion, lack of money, various forms of abuse, and marital infidelity, incompatibility and communication problems among others. Many people have labeled money to be the main cause of divorce. Others however belief that divorce begins with infidelity that can occur between the partners. In fact several statistics conducted by the American family association press indicated that many divorce rates in the US are caused by lack of money. The research indicated that about fifty percent of the divorces are caused by the lack of the finances (Chiriboga and Catron 46). I strongly suppose that money has a role in the marriage institution and in the society as a whole. Nevertheless, the lack of money has caused discord between married couples. As indicated by this research, marriage is maintained by a number of parameters as the availability of finance, of which a chronic lack of it may result to divorce that, will be accepted by particular parties that support the same issue. The law governing divorce in this case will be suitable if it supports the ideal of this party, as its necessary.

In addition to the lack of money, the research further indicated that about thirty percent of the cases are due to infidelity among the partners. The rule of marriage is a common phenomenon in a monogamous society where the husband is allowed only to have one wife. Marriage is therefore an exclusive agreement between two parties and is suppose to be strictly like that. If another partner is found with an evidence of infidelity, then the other spouse can seek divorce. In this case the general law governing the marriage ought to be applicable in that the two different parties that may find themselves in the same scenario have to be respected. Causes like sexual indiscretion and incompatibility also lead to divorce if one of the partners act in a manner that he or she does not obey the rule that the marriage dictates about these issues.  In this case the law governing the marriage should be made to suit the two parties as regards their personal interests, likes and dislikes.

There are various laws that govern the concept of divorce in the land of marriage as indicated in the western nations. These nations have jurisdictions that during divorce, there is no need for a party to take an initiative of claiming the property that was the ownership at the time of being in marriage. The marriage simply breaks down when one of the parties claims fault of the other partner. Other jurisdictions have even adopted the no-fault principle during the proceedings of divorce. It is hence the act of the law court to take charge of the parties when it comes to the idea of having the property shared, solving of the debts, deciding on the custody terms and even on support. These are facts that ensure that there is equitability, justice and fairness during the divorce processes (Riley 176). Having under consideration that divorce must be certified, the court determines the terms or simply consider the agreements that the spouses have settled on. Lack of the agreement may lead to the eruption of hot litigations. These litigations have always prompted the change of the laws that govern divorce. For instance, in Portugal, a non judiciary facilitates the divorce of the spouses who have agreed on divorce, and according to the terms of divorce. The resultant effect is that the parties are thereby free to get married again. There is still need that the laws involving divorce be changed in order to secure the lives of the children as the parties separate. The filing of the parenting plan is necessitated as the parties separate, and this will help in ensuring that the conflict between the parties does not affect the children in any way.

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There are a number of standards of the choice of law that governs the judicial proceedings since divorce is has become an issue that affects the status of the two parties that are involved in. The habitual law or the law that regards the nationality of the parties simply dictates its effect with respect to the registration of the parties to particular countries. To be just and let the law be more equitable to the parties, the issue of universality should be of major consideration. The law should be made or changed to suit both of the parties in a fair and just way. The law of nationality governs only the people of that particular nation or country. But considering that people are always mobile, the law should be able to act across the various nations that are involved. For instance, the law of nationality is always easy to detect as it is based on the registration to a particular country. A person may have a Nigerian nationality but have had a permanent residence in California for thirty years without having been made a natural American. If this person insists on the judicial test under the Nigerian law, it will totally be unfair to the other party.

With regards to the dominical law that is always applied in the common law courts, there is need to have the law be made in a way that will suit the involved parties irrespective of the present or the initial place of residence under a particular jurisdiction. As per the idea of a common law, marriage could yield a common dominicile for the two parties with the wife taking the domonicile of the husband. This law provides an efficient law which is usually easy to identify. In this case the dominicile can only be changed if the party demonstrates a want to reside indefinitely in the country of choice. The law will thus produce a result in which a person is only dominicile in one country but the other people and property is in the matrimonial home. When there will be need to revive the dominicile of origin as a result of the abandoning of the dominicile of choice, the entire problem will be aggravated by the laws that relate to the same. For instance a person having an English dominicileof origin may establish a dominicile of choice in Japan and marries a wife with a dominicile in South Africa (Chiriboga and Catron 49). As a result of breakage of the marriage, the husband abandons his home in England and goes to live in Spain. As soon as he leaves England, there is a revival of his dominicile of origin and his wife’s dominicile of origin also changes to that of England without having to step in that country. Hence there has to be the change of the law to suit both the husband and the wife in order to avoid the patriarchal implications and the potentially unfortunate legal consequences that are in the dominicile of independence.

The laws that govern the distribution of property and the sharing of the assets should be made in a way that when divorce is filed, both the parties should be accorded the right to have a share of the property that was acquired over the time of marriage. There should be equitable distribution. This has been undertaken in states like the Alabama. In other states as California, assets are given to a particular spouse basing on the economic need of the party (Riley 179). In other situations, the equitable distribution scale can be involved in that the jurisdictions in the state are considered with the fact that women have no little right to have the marital property. In some other states, alimony is given to the spouse who stays at home, while in others, the spouse making the most pays the one making the least or making none.

 
 
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The concept of equitable distribution, the dividing of the property happens under the judicial law that states the rights to the property among the spouses during the time of divorce. This can be done by agreement, through what we call settlement of the property or can be done by a judicial degree. These laws are meant to foster the aspect of equitable distribution of the property, and also govern the fact that there should be justice and fairness to the parties during the time of divorce (Phillips and Doody 76). The term equitable distribution doe not actually mean equal distribution but it is a tool that is employed in order to bring justice in the law that governs marriage.

In order to avoid the so called limping marriages, as possible as it could, an international uniformity in the definition of a person’s marital status. This will help to eradicate the ideology of having peoples` marriages be governed by the law of one state, and help bring in the idea of being married under the law of other states. The issue of justice and equity during the time of divorce will be well embraced as the parties can have their divorce conducted by the particular country that accepts the law of divorce under certain considerations and not on the citizenship to a particular nation. With the mobility of the people, people can have their marriage legally terminated without having to reference to the law of the country of their marriage (Fagan and Rector 272). To have all the marriages recognized as valid as far as there was the consent of genuineness, there should be equity and justice in that the international degrees should be enforced and recognized in order to uphold the validity of divorce whenever possible with regard to the desires of the parties involved.

Marriage and divorce are governed by rules and regulations that ensure their success and long duration. Wherever possible, the implementation of these rules and regulations should produce the desired and the appropriate outcomes. There should be the essence of simplicity and certainty in the administration of the laws that govern marriage and divorce in every place or rather nation and be true to every of the party that is involved. During the time of divorce, the laws should be easy to apply to the marriage and should have the possibility to produce the desired results as predicted before during their formulation. In this case the court will rely on the personal evidence from the experts, and also utilize on time that is available to conduct its analysis in a just and fair way. This helps to ease the difficulties that are experienced when the spouse claim the legibility or divorce basing on the fact that they are married (Chiriboga and Catron 48). The immigration officers will be able to handle the all issues concerning the immigrants likewise to the courts that handle issues that pertain aspects as divorce.        

However, the divorce rules must be in agreement with the forum’s local/domestic laws or policies that are related to marriage. For the laws regarding divorce to be made equitable and just to all the parties involved, there should be policies that have to be of major considerations. There are policies that take after the life of the community and are known to expose the opinions, suggestions and the prejudices within that community (Fagan and Rector 270). Within the jurisdiction of the community’s rule of the law, the formal requirements with regards to the marriages and their celebration, there lies the claim of the law, that is the law to acceptably taken to determine all the formal requirements that entails marriage. For instance, the public may have an interest that divorce should be conducted in the local law that provided the binding force and brought about marriage.

There are instances that the policy of the public underpinning the law of the forum court will give the court the right to fail to consider the limitations on the right to divorces which have been considered invalid and offensive, for example those that are based on the difference of the race or even the origin of the ethnic. In such a case, the equitability will be attained when the laws of a particular nation are adhered to without having to consider what the international courts have to say concerning the same.

In the world of today, divorce is becoming easy to obtain as the laws governing the same have been changing with time. Taking an international view, there has been a correlation between the culture among the various people and the laws that govern issues concerning divorce. It is inevitable to ignore the fact that culture has been an incredible source of the norms and the magnificent lifestyles that have existed for long. Many people however depend on these traditions and customs in their decisions pertaining divorce, and hence for equitability in the laws governing divorce, there has to be amendments to have the customs and its custodians explore on their way of life as these customs that guide them (Fagan and Rector 268).

In conclusion, it is with evidence that as divorce happens, the rights of the parties are to be respected. This has made it necessary to have the laws pertaining divorce be changed so that equity, justice and fairness prevails between the parties that are involved. As much as the contemporary society believes that this is a safe way for walking away from a partner who is not behaving in the right way of marriage, the implications also need to be seen so as to have the right basis that will determine the best way of resolving differences that may arise between partners.

   

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