The family is the personal world of each person, where he protects and draws his very human qualities all his life. These qualities are loyalty, love, and affection.
The family is a cut of all possible social relations: economic, human, legal, and political. Therefore, the primacy of the family in public relations is enshrined in Indiana by the central state regulatory acts and the Constitution of Indiana state.
The relationship of parents with children, husband, and wife, all sorts of kinship relations are a single whole and one of the most complex social structures. Breaking at least one of these ties inevitably leads to the emergence of a chain of severe and often irreparable problems, both for individuals and groups of people. Like social and mass trends, the breaks in family ties and changes in family values have a negative impact on society as a whole. Marriage in the modern sense is an officially registered, voluntary and equal union of a man and a woman with the goal of creating a family that regulatory assigns certain rights and obligations to spouses about each other, children and newly emerging relatives.
Also, marriage also has the functions of spiritual and moral. The need for procreation and physical intimacy implies a long lifelong relationship. A divorce is formally the termination of a marital relationship and the dissolution of an officially registered marriage, is the most destructive problem of the 21st-century family, and is no less crushing for the institution of marriage in general.
What are the social consequences of divorce:
The detrimental effect on the human psyche is comparable in power to the death of a spouse or close relatives.
Psychological problems and personality changes can persist for a lifetime and influence when remarriage occurs.
Economic losses for the financial situation of all family members after the dissolution of the marriage and the imposition of financial support on the state.
The birth rate decreases as the reproductive resources of divorced men and women are not used.
Marital conflicts lead to deformation of the psyche and the emergence of behavioral problems of children in divorcing and single-parent families.
In Indiana, almost every second marriage is broken up with a decrease in the total number of weddings.
Is it worth it to strain and try to save the family, pacify your character, adapt to the spouse of his relatives, deal with housing, household, parental problems when there is a more natural solution? The choice of a life partner is no longer for life, which significantly simplifies the conclusion of a marital union and reduces the selection criteria. And as a general and global trend, the devaluation of the institution of marriage and the deformation of public family values, which requires the establishment and detailed analysis of the causes and motives of divorce.
As a social phenomenon, the disintegration of a family has its provoking factors:
Subjective factors – motives for divorce, which are indicated by spouses and specialists;
Objective factors or causes of divorce, which the spouses prefer to hide or are not fully aware of, but which are the real basis for the end of family relations;
Occasion – the final moment, which served as the last point in the conflict, after which the divorce process begins.
Analyzing the causes and motives of divorce, one should proceed from the most common grounds that encourage marriage:
the desire to start a family and have children;
satisfaction of sexual needs;
Objective or social reasons for divorce:
The loss by religious institutions of their previous influence on society and the irresponsible attitude to marriage;
increase in personal freedoms of a person (including sexual) and the desire of each to self-affirmation;
the emancipation and financial independence of women;
Building a marriage based on love, which creates excessive demands on the spouse.
Failure to obtain the expected results in marriage due to an incorrect assessment of one’s forces and the strength of a spouse, not being prepared for marriage problems, lead to the appearance of personal motives for divorce:
lack of mutual understanding and love;
alcoholism, drug addiction, gambling;
treason and connections on the side;
reasons that are not formally dependent on spouses: the influence of relatives, poor housing conditions, sexual problems, etc.
With the change in attitudes towards marriage as a relic and sacrament, both the spouses themselves and family relationships have changed. There is no need to adjust, smooth out and suppress their characteristics and needs under a single and permanent “we.” Modern marriage implies the right of each spouse to maintain their personal qualities, which significantly undermined the former integrity of the marital union. It is put forward as the main reason for divorce, the achievement of private interests (including love, self-expression, the satisfaction of own sexual needs – adultery, or refusal to be a victim – in the case of spouse dependence). Also, spouses are not so afraid of lonely independence outside marriage.
The reason for the divorce can be any, even the most insignificant incident, deed, action, becoming the starting point for making decisions and beginning legal steps.
Legal problems of divorce
Legal norms are designed to protect the rights of stakeholders. This is a lever for resolving material and specific moral issues arising from a divorce. Separation takes place in the registry offices, providing that:
the couple has no joint minor children, and both parties agree to dissolve the marriage;
one of the spouses is incapacitated, found missing or convicted for a term of at least three years.
In all other cases, the divorce is carried out in court.
Legal issues requiring resolution in the court during the divorce proceedings can be divided into the following groups:
decisions related to children;
Court and children
When a family breaks up, children are always the actual victim. The issues that led to the divorce of parents, the trial and the separation of the father and mother first hit the psyche and the interests of the child. Not all parents in the heat of family conflicts and clarification of relations with the spouse are ready and can adequately assess the interests of their child. Therefore, the duty to protect the legitimate interests of the child during a divorce, apart from the parents, also falls to the court. The main problems concerning children that are resolved during the divorce proceedings are as follows.
With whom of the parents will the children live?
If the parents themselves have not decided who the child will live with, then the court takes into account the child’s age. It is believed that babies are not desirable to be separated from their mother, and from the age of ten the court must take into account the opinion of the child. The relationship of the child with both parents and other relatives asl plays a significant role. As well as the situation in which the child will live like the place and schedule of the parents.
To establish the last point:
data is collected at work, at the place of residence or study;
any severe addiction and mental disorders are formed;
a criminal record, lack of employment and permanent housing at the parent can serve as a reason for refusal to determine the child’s place of residence of the child with him.
The maintenance of children and alimony are established either by agreement of the parties or on a claim for the recovery of alimony by a judicial decision. The amount of maintenance may be changed in favor of the payer or the recipient when their income and marital status changes. A one-time payment of support in the form of transfer of property is possible. Contacts with relatives
Another parent and his relatives will communicate with children, participate in their upbringing, education, and recreation. A parent who will be separated from the child after the divorce, under any circumstances, has the right to communicate with him, to take part in the upbringing and education. The exceptions are cases of harmful mental or physical effects of the parent on the child.
Division of property
The property of spouses in the event of divorce is divided into joint property:
movable and immovable property, all types of income, except for special-purpose benefits, equity capital, valuable items and decorations, bank accounts and stock papers;
personal property – property belonging to spouses before marriage, received during the union as an inheritance, as compensation for harm or donated, acquired with private funds, professional tools, and personal belongings;
controversial property – property, the spouses cannot decide on their affiliation to personal or joint property independently.
Joint property acquired during the marriage is divided into equal parts between spouses. Private property is not subject to division, in connection with which disputed property arises when divorcees try to recognize joint property as private and vice versa.
The property division can be carried out:
by the property division agreement;
by obtaining a notarial certificate of ownership of the share;
the decision of the dispute in court.