Divorce

Divorce

Introduction

Thesis statement

Divorce is a truth of life, happening in thousands worldwide. Divorce can be an upsetting experience to both the parties engaged. When there are children engaged, the divorce becomes a much more difficult situation since the divorced parties must think not only for themselves but for their children also. Many cases in divorce research are concerning to the studies of family or child development in general, research on children's own report of their experience of divorce seems modest significance to researchers. At present rates, 1 in 4 children will experience parental divorce before the age of 12. Divorce affects children psychologically, economically and socially. (Gage-Brandon, A. J. (1992)

Divorce

Divorce is the dissolution of marriage, while in a broad sense, it is refers to the process that is intended to end a marital union. In modern legal terms, divorce was settled first in the French Civil Code of 1804, following postulates certainly those who saw the marriage as a real partner (for marriage just the free agreement of the husbands), and divorce as a natural necessity, in this sense, the modern divorce comes as a degeneration of a marriage linking Christian, following the logic of secularization of it, certainly taking roots from the law Roman.

Divorce differs from the separation of fact that, depending on the legal system of each country may have some legal effect or not. Regarding the legal separation to time, whether it is legally recognized in various legal systems, thus having a greater number of legal consequences as a de facto separation, although unlike divorce and it does not end the marriage.

Discussion

Divorce in the bodies of the registrar (Article 19 of the Family Code) is produced in the presence of three reasons

Both sides expressed their mutual consent to divorce

Husband and wife does not have common minor children

Divorce without the consent of either party

Divorce with Mutual consent

Mutual consent of spouses on divorce is expressed in a joint written statement, and if it is impossible for a valid reason to be in court one of them for filing a joint statement, the willingness of spouses to divorce may be presented and the individual statements. (Gage-Brandon, A. J. (1992)

In addition to the mutual consent of spouses in a divorce is also necessary that they have no common minor children. If one spouse has a child from a previous marriage, a parent who is not the other spouse, the barriers to divorce in the bodies of the registrar is not available.

On an exceptional basis is also possible to design a divorce in the registry office at the request of either spouse, regardless of whether they are common in the presence of minor children, namely:

Recognition of the other spouse by a court as missing;

Recognition of the other spouse is incapacitated;

Condemnation of the other spouse for the offense to imprisonment for a term exceeding three years. (Gage-Brandon, A. J. (1992)

Divorce without the consent

In general, the dissolution of a marriage that is obtained through a court decision that ends a process which ...