Causes and effects of divorce in civil law

¶ … divorce, which by definition is the final termination of matrimonial union flanked by two parties and the legal process has to be followed, The research aims at bringing out the causes and the impact or effects of divorce by so doing the paper will highlight some causes and effects about the topic and then arguments supporting the ideas will be spell based on supporting references.

Divorce is the final termination of matrimonial union flanked by two parties, many at times the approval of court of law and in some cases other legal authorities are needed to authenticate this process. This process features many issues like spousal support, where children are involved we have child support and custody and finally we have distribution of property.

Subsequently to the refinement, marriage came to be well thought-out as a common bond that is among the non-Catholic expanses based on this ground civil authorities steadily asserted their power to diktat divorce as of all bonds of matrimony. In view of the fact that no guidelines were in place to point out the situations under which divorce could be granted, civil courts to a great extend embraced this foregoing conclusion of the member of the clergy courts and liberally implemented them. In view of Blackstone (1984), that the power to separate the two parties was rested upon the civil courts. It still remains clear that only the courts have the last say on whether or not to grant a divorce.

There are two main approaches to divorce namely No-fault and At-fault divorce, whereby under No-fault there are no assertions or evidence of fault needed from either the parties while At-fault divorce is where evidence is required to ascertain whether the other party has acted against the core values of marriage and that he has done something that is not compatible to marriage.

Common causes of Divorce

Many are reasons to why people need to divorce and at times it becomes undemanding to bring up a reason for this, looking it deeper indeed there are numerous reasons to why parties may opt for this option hence this brings us to common causes of divorce;

Communication Problems

Communication brake down is always evident even before parties get married; unrealized anticipations or other matters that may sabotage marriage were not brought on board. It turns out that sharing matters of sensations as per some facets that tend to be essential in ones opinion which is very fundamental and this seem not to be practiced by a number of couples. A little emphasis tends to be put on pre-marital matters and the outcome becomes of significance after marriage hence leaving parties with regrets.

Financial Issues

Issues related to finances are also very probable source of discrepancy involving the couples, disagreement tend to occur over issue such as carve up financial accountability, asymmetrical financial situation, in excess spending and even being short of financial hold up. Though facts propose that money is not the major source of divorce but it at a halt remains a noteworthy aspect. Rowd, Alisha (2008)

Forms of Abuse

There are many forms of abuse which in turn culminates to divorce, when one talks of abuse what comes to mind mostly is deliberate and consistent physical battery but this research brings more to mind like sexual and even emotional abuse not forgetting drug and alcohol abuse. Physical or verbal abuse may feature not but intolerance and difficulties in financial management may sabotage the marriage.

Marital Infidelity

Unfaithfulness is a matter of concern when we talk about marriage and as the law of marriage puts it, it is clear that marriage ought to be a reciprocally elite agreement among two parties and unless this is fulfilled, it is therefore clear that one party is not faithful to the other and by this a divorce can be granted.

Conclusion

Family being an imperative fraction of society consequently many had better be aware of the importance of association in family. With the changing roles of women divorce has turn out to be the extensive problem as stress and lack of communication contributing to it, however there seem to be negative and a positive effect. The positive effect lies on those who have no children as for them divorce is there best solution to their problems because it is by consent, while the negative effect lies with those who have children and this comes when the children turns out to be the victims of the situation. So those with children should think deliberatively before making such decisions.

Work cited

Blackstone (1984), "Commentaries on the Laws of England" p. 435 (Legal Classics Library spec. ed.

Pamela J. Smock, (1993) "The Economic Costs of Marital Disruption for Young Women over the Past Two Decades." Demography 30: 353-371.

Robert Coombs (1991), "Marital Status and Personal Well-Being" A Literature Review," Family Relations 40:97-102; I.M. Joung, et al.

Rowd, Alisha (2011), "Common Causes of Divorce." 3 Jan. 2008 EzineArticles.com. 8 Feb.