FAMILY LAW

Family Law

Family Law

Question 1: Answer

Marriage is the union through which man and woman unite, and form a partnership based on mutual home. It is run by their mutual consent to give and accept each other with the purpose of propagating the human race, to educate their children, to share life together, and to support each other in conjugal love in full by a union lasting (Balzac & Wormeley 2005). However, differences between spouses can lead to the termination of this social contract. However, in most parts of the western world, including U.S., marriage is represented through a contract. Marriage contract is a legal document written for the purpose of determining the status and treatment of assets during and until the dissolution of marriage, or divorce (Witte 1997). Divorce is the breaking of the marriage bond, given by courts at the request of one spouse (Divorce on specific grounds) or both (Divorce by mutual consent) resulting from a sanction action aimed at obtaining the dissolution of marriage. During the divorce, the person least advantaged financially benefit from half the difference in value of both assets.

Marriage dissolutions are governed by divorce law. Divorce Law refers to the many rules and proceedings relating to termination of marriage. In most U.S. states have different laws divorce and when it can be recognized. Some variables in these laws include residency requirements or reasons for divorce.

There are a number of different types of divorce, including fault, no-fault based, contour, uncontested, collaborative, and mediated. Almost any situation that ends in a pair needing a divorce will fall under one of these categories. When the couple can present the case to the court with a fair and equitable agreement, approval of the divorce is practically guaranteed. If no agreement is reached, the court may be asked to divide marital property.

Until recently, fault divorce was only way to abolish marriage (Witte 1997). In this situation, divorce is granted only if a member of the pair can be described as a fault. If no one can be shown, the fault divorce is not granted, stopping a couple from legally remarrying. The fault divorce causes are given by the new Article 242 of the Civil Code. The legislature took the view that the continuation of this text was the necessary corollary for the maintenance of obligations of marriage. Divorce is a complex legal process and can be full of unpleasant surprises, as well as frustrating delays. An overview of what could happen can help you feel more comfortable in this "uncomfortable" situation. The entire process can take from a few months to several years. In general, the more the couple cooperates to reach a reasonable agreement, the easier and faster they will get a divorce. In most instances, however, the complexity of the process is meant to arrive at reconciliation between the spouses (Chused 1994).

Question 2: Answer

The advent of the divorce laws in U.S. has opened an avenue that couples did not know since long. This has allowed them only to obtain a ...