Saturday, August 23, 2008
Divorce
Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse.
In cases involving children, governments have a clear interest in ensuring that disputes between parents do not spill over into the family courts. One way of doing this is through the encouragement of a parenting plan. Every state now requires parents to file a parenting plan when they legally separate or divorce.
Divorce can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support or alimony, child custody, child support, and distribution of property.
Divorce laws vary considerably around the world. It is banned in Malta and in the Philippines, but an annulment is permitted.
In some jurisdictions, a divorce must be certified by a court of law, as a legal action is needed to dissolve the prior legal act of marriage. The terms of the divorce are also determined by the court, though they may take into account prenuptial agreements or postnuptial agreements, or simply ratify terms that the spouses have agreed on privately. Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful and expensive litigation. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce, which negotiate mutually acceptable resolution to conflicts. In some other countries, like Portugal, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non judiciary administrative entity, where also can be served an Electronic Divorce since March 2008.
The subject of divorce as a social phenomenon is an important research topic in sociology. In many developed countries, divorce rates increased markedly during the twentieth century. Among the nations in which divorce has become commonplace are the United States, Canada, and members of the European Union. Japan retains a markedly lower divorce rate, though it has increased in recent years.
Marriage and religion
All mainstream religions have strong views relating to marriage. Most religions perform a wedding ceremony to solemnize the beginning of a marriage. Some regard marriage as simply a contract, while others regard it as a sacred institution.
Most Christian churches bless the couple being married, and the wedding ceremony sometimes involves a pledge by the community to support the couple's relationship. Liturgical Christian communions - notably Anglicanism, Catholicism, and Orthodoxy - consider marriage (sometimes termed holy matrimony) to be an expression of divine grace, termed a sacrament or mystery. In Western ritual, the ministers of the sacrament are the husband and wife themselves, with a bishop, priest, or deacon merely witnessing the union on behalf of the church, and adding a blessing. In Eastern ritual churches, the bishop or priest functions as the actual minister of the Sacred Mystery (Eastern Orthodox deacons may not perform marriages). Western Christians commonly refer to marriage a vocation, while Eastern Christians consider it an ordination and a martyrdom, though the theological emphases indicated by the various names are not excluded by the teachings of either tradition. Marriage is commonly celebrated in the context of a Eucharistic service (a nuptial Mass or Divine Liturgy). The sacrament of marriage is indicative of the relationship between Christ and the Church , yet most Reformed Christians would deny the elevation of marriage to the status of a sacrament, nevertheless it is considered a covenant between spouses before God. In Judaism, marriage is viewed as a contractual bond commanded by God in which a man and a woman come together to create a relationship in which God is directly involved. Though procreation is not the sole purpose, a Jewish marriage is also expected to fulfill the commandment to have children. The main focus centers around the relationship between the husband and wife. Kabbalistically, marriage is understood to mean that the husband and wife are merging together into a single soul. This is why a man is considered "incomplete" if he is not married, as his soul is only one part of a larger whole that remains to be unified.
Selection of a partner
The selection of a marriage partner may involve either the couple going through a selection process of courtship or the marriage may be arranged by the couples' parents or an outside party.
Typically an arranged marriage will be finalized only with the approval of the couple[citation needed], though parents sometimes enforce arranged marriages on their children because of cultural tradition or for some other special reason (e.g., dowry).[citation needed] Sometimes a person seeking marriage is comfortable with having his or her marriage arranged and, even disregarding parental preference, would freely choose an arranged marriage.[citation needed] Forced marriage is common in only a few communities and often attracts harsh criticism even from people who are generally in favor of arranged marriage.[citation needed]
A pragmatic (or 'arranged') marriage is made easier by formal procedures of family or group politics. A responsible authority sets up or encourages the marriage; they may, indeed, engage a professional matchmaker to find a suitable spouse for an unmarried person. The authority figure could be parents, family, a religious official, or a group consensus.
In some cases, the authority figure may choose a match for purposes other than marital harmony. Some of the most popular uses of arranged marriage are for dowry or immigration.
Arranged marriages are still common in some countries, such as India, but are now rare in Western countries.[citation needed] In rural Indian villages, child marriage is also practiced, with parents at times arranging the wedding, sometimes even before the child is born. This practice is now illegal under the Child Marriage Restraint Act. In urban India, people use thriving institutions known as Marriage Bureaus or Matrimonials Sites, where potential partners register.[citation needed]
A related form of pragmatic marriage, sometimes called a marriage of convenience, involves attempts to circumvent immigration laws. According to one publisher of information about "green card" marriages, "Every year over 450,000 United States citizens marry foreign-born individuals and petition for them to obtain a permanent residency (Green Card) in the United States." While this is likely an over-estimate, in 2003 alone 184,741 immigrants were admitted to the U.S. as spouses of U.S. citizens.
Marriage
Marriage is a personal union of individuals. This union may also be called matrimony, while the ceremony that marks its beginning is usually called a wedding and the married status created is sometimes called wedlock.
Marriage is an institution in which interpersonal relationships (usually intimate and sexual) are acknowledged by the state or by religious authority. It is often viewed as a contract. Civil marriage is the legal concept of marriage as a governmental institution, in accordance with marriage laws of the jurisdiction. If recognized by the state, by the religion(s) to which the parties belong or by society in general, the act of marriage changes the personal and social status of the individuals who enter into it.
People marry for many reasons, but usually one or more of the following: legal, social, and economic stability; the formation of a family unit; procreation and the education and nurturing of children; legitimizing sexual relations; public declaration of love; or to obtain citizenship.
Marriage may take many forms: for example, a union between one man and one woman as husband and wife is a monogamous heterosexual marriage; polygamy — in which a person takes more than one spouse — is common in many societies. Recently, some jurisdictions and denominations have begun to recognize same-sex marriage, uniting people of the same sex.
A marriage is often formalized during a marriage ceremony, which may be performed either by a religious officiant, by a secular State authorised officiator, or (in weddings that have no church or state affiliation) by a trusted friend of the wedding participants. The act of marriage usually creates normative or legal obligations between the individuals involved and, in many societies, their extended families.
Article 16 of the Universal Declaration of Human Rights declares that "Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses." The Cairo Declaration on Human Rights in Islam gives men and women the "right to marriage" regardless of their race, colour or nationality, but not religion.
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