Who Suffers More In A Divorce?
Posted by Nick Niesen on October 27th, 2010
The name divorce has been a household word for people who need it, or just take it as fashion on self-realization for the never ending illusion for the search of ?Miss or Mr. Right? for a mate in life. Even in the confines of the most settled or established homes the word ?divorce? hovers as a threat to the solemnity of conjugal partnership because of the environmental changes in trends, culture, ignoring some already practiced social conventions.
To be scared of divorce is no longer accounted in such places as United States, Japan, Korea, and Canada, United Kingdom and the commonwealth. As matter of fact, the rise in the U.S. Canada, United Kingdom and the Commonwealth countries is phenomenal that it becomes more of a fashion in today?s society. There are still countries, more strongly attached to their traditional roots and values such as the Philippines and some other Asian countries that merely ignore away any proposition in the legislature to adapt divorce.
These countries though they could perceive the real need of divorce are simply not adept toward the impact of some harsh realities experienced by some people within the conjugal partnership. These people are beset by conditions and problems that can?t be resolved and the only way out is to find a legal means to free from each other from the bondage of marriage?s brutalities that connect husband and wife who find no solution to their differences. In the Bible, Jesus speaks of ?divorce? in exceptional unresolved cases in married life. However, though, conditions in what he wanted to apply in the kind of divorce he taught is rampantly tampered, that of not marrying another again. Still sticking to the spiritual rule ?Let no man put asunder.?
Impact of divorce to the defunct family (husband, wife, and children), the effects carried about in that marriage (dividing material things acquired, rights covered by the law, such as custody to children, alimony, etc) is tremendous. Legal fights in courts find it so unwholesome to the growing kids. Other children who are growing up psychologically immature are thrown to traumatic state they suffer for the rest of their lives.
Since ?divorce? is the dissolution of marriage, once it is approved, marriage became null and void in any circumstances it was presented. The annulment that rendered the partnership void does not however carry with it the effects that marriage carry. There are so many conditions that the law impose to protect the psychological, sociological and the emotional health of the each, especially the children, protecting their present and future lives. Allowing separated husband and wife to marry immediately after the divorce are of two different conditions. The man could remarry earlier whereas the woman has to wait for specified days under the circumstance of the law. This is due to the specifications as to the paternity of any child born to the woman after sometime she remarries.
To avoid impending confusion on paternal claim and responsibilities, further extent of time is set for her to remarry that will make definite assurance, the child has not been fathered by the divorced husband. In the presence of confusion because there was conflict in the time of remarriage, the second man should accept or conform to his paternal status to the child, and amenable to full support both moral and material. It passes thru legal process within the scope of duly accepted norm of conduct of the present husband. It may not necessarily undergo formal legal proceedings but what ever the concerned parties had agreed upon privately, may be ratified by the law. This sounds true to the divorced spouses. Any agreement between them in like manner will also be ratified.
There are two kinds of divorce, the absolute and the limited. Absolute divorce is the judicial terminations of marriage bonds because of grieve misconduct of either one or both parties after the divorce has been processed. It also concerns about other statutory causes arising after the separation. Both the divorced husband and wife become single again.
Limited divorce is merely like a separation decree. It terminates merely the cohabitation of concerned husband and wife. It does not state the dissolution of marriage, and their status is not altered.
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About the AuthorNick Niesen
Joined: April 29th, 2015
Articles Posted: 33,847
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