Sunday, December 8, 2019

Divorce bill in the philippines free essay sample

Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. Divorce is illegal in the Philippines and the Catholic church would like to see it remain that way, but many citizens appear to be tired of Catholic prelates assuming the authority to dictate civil laws. Thus, a bill that would legalize divorce is moving through the government. BUT I JUST WANT TO CLARIFY THAT ONE OF THE PARAMETERS OF THIS DEBATE IS WE WILL NOT INCLUDE RELIGIOUS CONOTATION. In this debate, MUSLIMS are not included because under the SHARIAH LAW they can have DIVORCE in the PHILIPPINES. Divorce mostly comes in, when couples have conflict and they have a problem. Divorce is one of the solution in separating couples, for the Wife and husband can have freedom. Divorce is better than having conflict in the fight in the family. It is the best solution for the family when having conflicts. Like our neighbor, (this is an evidence) the wife and husband had a conflict between them. But the husband had a power, he hurt the wife so this affects the children. This will not be good for them, so the family decided to be separated. But because they were MUSLIMS they had a divorce. This is an example of having a divorce. This only means that DIVORCE IS A BEST SOLUTION FOR A FAMILY THAT HAVE BEEN IN A CONFLICT. In divorce, there will be no conflict in the process. In choosing where will the children go, the family and their Lawyers will decide. Not only the child but also the properties. This will be a good solution for them for them not to have quarrel and the children will not be affected. Divorce †¢ 1) n. the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states, including California) by one party. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which incompatibility is sufficient to grant a divorce. The substantive issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorneys fees. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time (as little as six weeks in Nevada). In most states the period from original filing for divorce, serving the petition on the other party and final judgment (or decree) takes several months to allow for a chance to reconcile. †¢By definition divorce is a legislatively created, judicially administered process that legally terminates a marriage no longer considered viable by one or both of the spouses. Divorce is also known as dissolution of marriage. Traditionally, divorce was fault based. In other words, there was an innocent or injured party and a party that had done wrong with the innocent party being able to obtain relief or a divorce. This system was adversarial in nature. Even if both parties wanted a divorce, one party had to allege wrongdoing by the other. In the 1970s this system was reformed and a no fault system was put in place. There are advantages to doing your own divorce. You might think the most obvious is the financial savings. Dont be fooled. A poorly structured settlement agreement can be more costly to correct after the fact. Keep in mind that this agreement will: †¢Divide your property as well as your debts. †¢Decide parenting issues such as custody, visitation, and child support. †¢Determine if alimony applies and the amount be paid. †¢ If Children Are Involved: Divorce in itself is trying enough. If children are involved, it becomes even more trying and extremely emotional. Parents often loose sight of what is in the best interest of their children. Where do the children fit into this whole new life that is being created? Unfortunately, children often become financial pawns in a divorce when child custody issues are being decided. Children have rights in divorce. Let common sense prevail when it comes to the children. They should not be used as an outlet for anger, nor should they ever be used to get revenge against your spouse. Dont bad-mouth your ex-spouse in front of your kids, even if you are still angry or feuding. Try not to use your kids as a messenger or go-between, especially when youre feuding. Children are egocentric. They think their role in things is much more important than it really is. Because of this, they often feel that they have in some way caused the divorce. Make sure they know it is not their fault. It is also important for kids to know that just because parents divorce each other, theyre not divorcing their kids. Some kids think that if their parents are divorcing, it means their moms and dads will want to leave them, too. Remind them often that your love for them is unconditional and will not change because of the divorce. There are many aspects of divorce that need to be considered including: custody and visitation; financial issues such as alimony and child support, taxes, pensions and insurance; hiring an attorney or mediator; determining if you should do your own divorce; separation agreements and much more. Alimony Comprehensive guide to the different types of alimony, including the criteria generally used in the determination and amount of alimony, and tax ramifications. Child Custody Reviews the different types of child custody. The emotional (for both child and parent) and financial points of view of a custody battle are also discussed including court ordered professional custody evaluations. The best solution for having separation is divorce.

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