Topic: Should Fault Play Any Part In The Divorce Process?

Topic: Should Fault Play Any Part In The Divorce Process?

Introduction

According to psychologists, Divorce is a stressful situation, threatening the mental equilibrium of one or both partners, and especially children. The situation of divorce in the family causes significant harm to the mental health of both partners and their children, for which there cannot be divorced from either the father or mother. Parents cannot be strangers for the children's. It is dissolution of marriage, in which the consent of both the partners generally exists. Marriage is not only terminated or dissolute by the decision of the spouses, but it also terminated by law. In particular, if one spouse has died or declared dead by a court, then the marriage is terminated. Many believe that divorce occurs more frequently in the modern United States as compared with other societies.

This paper will be discussing the controversial topic, “Should Fault Play Any Part in the Divorce Process?” We will attempt to compare and contrast important points of concern and the varying views regarding this controversial topic. In response to this answer, my opinion is that Yes, fault play role in the Divorce Process. However, anthropologists have reported comparable number of divorces among hunting and gathering societies to those in modern-day industrial societies. For example, the highest rates of divorce in 20th century were in Malaysia and Indonesia, which surpassed the U.S. record rates of 1981.

Depending on the society, ease of divorce varies. Marriage is much easier to dissolve in societies where marriage is more of a singular affair. In other societies where marriage represents a political and social union between families and communities, divorce is more difficult. Considerable bride wealth and replacement marriages work to preserve group alliances and thus decrease divorce rates.

Discussion and Analysis

If one spouse has committed acts constituting a serious or repeated violation of the obligations of marriage, making it inconceivable that the pursuit of common life, one of the spouses may make an application for divorce for cause . The fault divorce is related to specific situations. Thirty years after the Act of 1975, almost one in two or so, the fault divorce is the procedure used.

Fault Divorce: Self in Two Cases

The fault divorce can be pronounced in two specific situations. In the first case, the divorce can be granted if the defendant is sentenced to imprisonment. In the second case, if there is "serious or repeated violation of the duties and obligations of marriage rendering intolerable the continued cohabitation ". That is to say in cases of domestic violence, abuse, infidelity, failure to comply with financial obligations, etc. The judge may grant a divorce in a systematic way if the defendant is the perpetrator of a serious offense. In other cases, it will test the seriousness of the reported and that the two conditions for the fault divorce are met.

Fault Divorce: The Procedure

In a fault divorce, both spouses have an obligation to call a lawyer and prove the fault of the other (written testimony, correspondence, etc.). Following the submission of the request of the applicant's counsel, the judge summoned both parties to attempt conciliation. If the attempt did not work, the ...