Sunday, 9 October 2011

Exploring the Aspects of Divorce

Exploring the Aspects of Divorce








A Research Essay
Presented to
Ms. Cristeta Tapia
College of Arts and Sciences
Lyceum of the Philippines University-Cavite









In Partial Fulfillment for Requirements for
ENG02G






Benedick A. Estoesta
Allan A. Fabila
Anjeanette V. Hebron
Frances Dannielle E. Rodas
Cheska Elaine C. Siano











Exploring the Aspects of Divorce


Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. Just as marriage creates a family relationship, divorce ends that marriage. Most of the Western Hemisphere and some countries in the Eastern Hemisphere allow divorce under certain circumstances. The legal issues surrounding eligibility for divorce are often very complicated and include everything from alimony and child support to whether the divorced wife must return to her maiden name. Remarriage is surprisingly sticky issue, and throughout history many regions regulated if or when a divorced husband or wife could marry. It was first introduced by the Code of Hammurabi in Ancient Babylonia 1760 B.C. But in Medieval period that the Catholic Church is the center of social and political institution the Church held that the sacrament of marriage produced one person from two, inseparable from each other.

Though divorce laws vary among jurisdictions, there are two basic approaches to divorce: fault based and no-fault based. However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.
Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.

No-fault divorce

Under a no-fault divorce system, divorce requires no allegation or proof of fault of either party. The barest of assertions suffice. For example, in countries that require "irretrievable breakdown", the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been destroyed by these differences is enough for granting a divorce. Courts will not inquire into facts. A "yes" is enough, even if the other party vehemently says "no".
The application can be made by either party or by both parties jointly.

At-fault divorce

Prior to the late 1960s, nearly all countries which permitted divorce also required proof by one party that the other party had committed an act incompatible to the marriage. This was termed "grounds" for divorce (popularly called "fault") and was the only way to terminate a marriage. Most jurisdictions around the world still require such proof of fault. In the United States, no-fault divorce is now available in all 50 states and the District of Columbia--New York, the last state to still require fault-based divorce, passed a bill in 2010 permitting no-fault divorce.
Fault-based divorces can be contested; evaluation of offenses may involve allegations of collusion of the parties (working together to get the divorce), or condo nation (approving the offense), connivance (tricking someone into committing an offense), or provocation by the other party. Contested fault divorces can be expensive and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.

Summary divorce
A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements, or can agree on key issues beforehand.
Key factors:
Short marriage (less than 5 years)
No children (or, in some states, when the spouses have resolved custody and set child support payments for children of the marriage)
Minimal or no real property (no mortgage)
Marital property is under a threshold (around $35,000 not including vehicles)
Each spouse's personal property is under a threshold (typically the same as marital property)

Uncontested divorce

It is estimated that upwards of 95% of divorces in the U.S. are "uncontested," because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties come to an agreement prior to entering court.
Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them. In the majority of cases, forms are acquired from their respective state websites and a filing fee is paid to the state. Most US states charge between $175 and $350 for a simple divorce filing. Collaborative divorce and mediated divorce are considered uncontested divorces. In the United States, many state court systems are experiencing an increasing proportion of (i.e., litigants represent themselves without a lawyer) in divorce cases. In San Diego, for example, the number of divorce filings involving at least one self-representing litigant rose from 46% in 1992 to 77% in 2000 and in Florida from 66% in 1999 to 73% in 2001. Urban courts in California report that approximately 80% of the new divorce filings are filed.

Collaborative divorce

Collaborative divorce is a method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support.
Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practice collaborative divorce claim that it can be more cost-effective than other divorce methods. e.g., going to court. Expense, they say, has to be looked at under the headings of financial and emotional. Also, the experience of working collaboratively tends to improve communication between the parties, particularly when collaborative coaches are involved and the possibility of going back to court post-separation or divorce is minimized. In the course of the collaboration, should the parties not reach any agreements, any documents or information exchanged during the collaborative process cannot be used in court except by agreement between the parties.
Neither can any of the professional team retained in the course of the collaboration be brought to court. Essentially, they have the same protections as in mediation. There are two exceptions: 1) Any affidavit sworn in the course of the collaboration and vouching documentation attaching to same and 2) any interim agreement made and signed off in the course of the collaboration or correspondence relating thereto. The parties are in control of the time they are prepared to give their collaboration. Some people need a lot of time to complete and others will reach solutions in a few meetings. Collaborative practitioners offer a tightly orchestrated model with meetings scheduled in advance every two weeks and the range of items to be discussed apportioned in advance of signing up as well as the more open ended process, the clients decide.

Electronic divorce

Electronic divorce is a means that allows two persons married under certain jurisdictions, such as Portugal, to file an electronic request for a no-fault, collaborative divorce in a non-judiciary administrative entity. Specific cases, with no children, real property, alimony, or common address, can be decreed as summary within one hour.


Mediated divorce

Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the two parties by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Mediation sessions can include party’s attorneys, a neutral attorney, or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted with the assistance of a facilitative or transformative mediator without attorneys present at all. Divorce mediators may be attorneys who have experience in divorce cases or they may be professional mediators who are not attorneys, but who have training specifically in the area of family court matters. Divorce mediation can be significantly less costly, both financially and emotionally, than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders. http://en.wikipedia.org/wiki/Divorce


There are many common causes of divorce why people want it. It could be easy to put common causes for the sake of supporting a divorce petition. In reality though, there may be hundreds of unique reasons why certain couples just want out. Sometimes, there is more than just one reason.

Here are only some of the common causes of divorce:

Communication Problems

Communications problems between a couple may possibly exist even long before they tie the knot. Expectations may not have been made clear or certain issues that could affect a marriage were not brought up. Discussing feelings about aspects that are personally important is also crucial but may not always be practiced by couples. Some couples may put little weight on pre-marital issues only to realize during marriage that they should have clearly set things in black and white or that they should have been better listeners. Communication issues before marriage can get worse after getting married.

Financial Issues

Money or aspects related to it is of course a possible cause of disagreement between couples. Married couples could squabble over such issues as shared financial responsibility, unequal financial status, undisclosed financial state, over spending and lack of financial support. Evidence suggests though that money is not always the sole or primary cause of divorce. Nonetheless, it is still a significant factor. Again, the lack of communication over financial issues is the real culprit here and not money per se.

Forms of Abuse

There are many forms of abuse, all of which are possible causes of divorce. This does not just include intentional and habitual physical battery. Abuse may also come in the form of sexual abuse and emotional abuse. One partner may actively seek to degrade his/her partner through harsh language.

Drug and alcohol abuse as well as excessive gambling that is becoming detrimental to the marriage may also be used as a form of abuse. There may be no physical or verbal abuse but the other partner would understandably have a difficult time managing finances and daily life with an addicted spouse.

Marital Infidelity

In a monogamous society, the law states that marriage must be a mutually exclusive arrangement between two parties. This is of course unless both partners privately consent on their own to see other people while remaining married to each other. Otherwise, one may seek to divorce a spouse if evidence of infidelity is clearly obtained.

Sexual Problems

Sex is an essential aspect of marriage. Couples are expected to consummate or perform the act. That is unless a person knows and accepts before marriage that one partner has some sexual problems. In some cases, sexual dysfunction or disinterest may begin after tying the knot. If a couple is unable to resolve this, it may become a reason for divorce.

Incompatibility

Researches show that incompatibility is the most-cited causes of divorce. There are however numerous kinds and forms of incompatibility. A couple may be incompatible in anything and everything. They may not be able to find a common ground sexually, intellectually and emotionally. In cases of incompatibility, it might just be unbearable to live life with someone you just can't fit with. http://www.allbestarticles.com/family/legal/common-causes-of-divorce.html

The effects of divorce is also a major aspect that can change virtually every aspect of a person's life including where a person lives, with whom they live with, their standard of living, their emotional happiness, their assets and liabilities, time spent with children and other family, and so much more. Some effects of divorce can be positive, such as ending an unhappy or even abusive relationship. Other effects of divorce can be detrimental to a person's well being.
The legal effects of divorce will determine the division of property, money, and debts accrued during a marital union. Non-marital or personal property is usually protected during the divorce process. The legal effects of divorce will also determine a parent's role in the lives of (and decisions made about) their children. Decisions made about spousal and child support are also among the major effects of divorce.
When the decision to divorce is made, the separating partners have the legal right to agree on the specific terms of divorce as long as the agreement is considered reasonable and fair. This is often referred to as an uncontested divorce: when both parties agree to the terms presented in the petition for divorce. The effects of divorce in these cases are those that have been agreed upon by the husband and wife.
A contested divorce is when one of the spouses disagrees with one or more of the terms of divorce. In these cases the effects of divorce may require mediations, legal support, and family law intervention. The effects of divorce in these cases may not always end up satisfactory for all involved parties. When children are involved in divorce, the courts will always judge in favor of the child's best interest.

The decision to divorce causes major changes in the lives of all family members. Some upheaval is inevitable.

The main trouble areas are:
1. Financial: Money becomes a huge problem for most people. The cost of a divorce is extremely high, and two households cost more than one.
2. Career: Being less focused at work and spending time away from the job for divorce-related appointments takes its toll.
3. Logistics: Running your home is more difficult because you no longer have a partner to help with daily chores.
4. Emotional: Most people have periods of depression, sadness, anger, and fatigue.
Lots of Feelings
People who are experiencing the breakup of their marriage can expect to have a wide variety of feelings. Some call it "the crazy time" and there
is even a book about divorce with this title.

The following complaints are common:

 Poor concentration
 Nightmares
 Sleep problems
 Fatigue
 Mood swings
 Feeling tense
 Nausea
 Gaining/losing weight
 Feeling nervous
 Somatic complaints

Divorce profoundly affects children.

Fear: Divorce is frightening to children, and they often respond with feelings of anxiety. Children feel more vulnerable after a divorce because their world has become less reliable.
Fear of abandonment: One-third of the children feared that their mother would abandon them.
Confusion: The children in divorcing families become confused about their relationships with their parents. They see their parents' relationship fall apart and sometimes conclude that their own relationship with one or both parents could dissolve, as well.
Sadness and yearning: More than half of the children were openly tearful and sad in response to the losses they experienced. Two-thirds expressed yearning, for example: "We need a daddy. We don't have a daddy."
Worry: many children expressed concern about one or both of their parents' ability to cope with their lives. They wondered if their parents were emotionally stable and able to make it on their own.
Over half of the children expressed deep worries about their mothers. They witnessed their mothers' mood swings and emotional reactions to the events in the family. Some children worried about suicide and accidents.
Feeling rejected: Many children who experience a parent moving out of the home feel rejected by the parent. The parent is usually preoccupied with problems and pays less attention to the child than in the past. Many children take this personally and feel rejected and unlovable.
Loneliness: Since both parents are preoccupied with their problems during the divorce process, they are less able to fulfill their parenting roles with their children. The children may feel like their parents are slipping away from them. If the father has moved away and the mother has gone off to work, the children often feel profound loneliness.
Divided loyalties: The children may (accurately) perceive that the parents are in a battle with each other. The children feel pulled in both directions and may resolve the dilemma by siding with one parent against another.
Anger: Children in divorcing families experience more aggression and anger. It is often directed toward the parents, expressed in tantrums, irritability, resentment, and verbal attacks. Many children see the divorce as a selfish act and feel very resentful about the resulting destruction of their lives.
More than one-third of the children showed acute depressive symptoms such as sleeplessness, restlessness, difficulty in concentrating, deep sighing, feelings of emptiness, compulsive overeating, and various somatic complaints.
The symptoms that many children may have during the divorce process either moderate or disappear within 18 months after the breakup. Of the symptoms that remain, the most common are:
1. Manipulative behavior was reported by about 20% of the teachers.
2. Depression was diagnosed in 25% of the children and adolescents. The symptoms of depression in children include:
• Low self-esteem
• Inability to concentrate
• Sadness
• Mood swings
• Irritability
• Secretiveness
• Isolation
• Self-blame
• Eating disorders
• Behaving perfectly
• Being accident-prone
• Stealing
• Skipping school
• Underachieving at school
• Sexual acting out(Wallerstein,1996)

In conclusion the cause and effect of divorce in other countries really affects the individual and the family. Since the divorce is not yet legalized in the Philippines, we can see that our country is not yet ready for that because of the Filipino attachment in the Catholic Church that do not support the divorce.

“ MAKASALANAN BA ANG MUNDO O SADYANG KOSERBATIBO LANG ANG MGA PILIPINO ? “

“ MAKASALANAN BA
ANG MUNDO O SADYANG
KOSERBATIBO LANG
ANG MGA PILIPINO ? “














Isang pananaliksik ukol sa
pagsusulong ng diborsiyo sa Pilipinas
at ang mga saklaw nito.





















I. Panimula

A. Saligan ng Pag-aaral:

Ang diborsiyo ay isang legal na pagpapawalang bisa ng kasal at ang pagtatanggal ng responsibilidad bilang mag-asawa. Ito ay unang nabanggit sa isang lumang kasulatan ng mga batas na kilala sa katawagan na Code of Hammurabi noong taong 1760 B.C. Maaari lamang makipag-diborsiyo ang lalaki sa kayang asawa kapag ito ay patuloy na hindi nagpapakita ng pagpapahalaga sa kanyang kinakasama. Batay naman sa Medieval Period na ang simbahang katoliko ang sentro ng sosyal at politikal na institusyon sa kanluran, ang diborsiyo ay hindi epektibo. Sinasabi na ang pakikiapid ay hinahalintulad sa diborsiyo. Sa kadahilanan, na ang pakikiapid ay hindi naaayon sa sampung utos ng Diyos, ang diborsiyo ay wala ring kapatawarang kasalanan. Dahil nananatili itong dominante, hanggang sa kasalukuyan ito ay sinusulong.

Ganoon nga ang lagay ng ating bansa ngayon. Sa 15 taon na pagdedebate ukol sa pagsusulong ng diborsiyo sa bansa ay wala pang ring o hindi pa rin sapat ang bilang ng tao upang tuluyang maging legal ang diborsiyo sa bansa. May mangilan-ngilan na nagsusulong nito ngunit hanggang sa huli ay hindi pa rin nagwawagi.

Ang Gabriela Partylist Representative na si Luzviminda Iligan ang isa sa pinakabago na naghain ng House Bill no. 1799 na nagsusulong maging legal ang diborsiyo sa Pilipinas. Pinakikita niya rito ang mabuting epekto para sa kababaihan at kabataan na naaabuso ng kanilang Padre de pamilya. Ngunit para naman kay Senador Tito Sotto, ang pagpapatupad sa nasabing bill ay lalo lamang magiging ugat ng hindi maayos na pamilya at ang maaaring pananamantala ng ilang mag-asawa upang maghiwalay kaagad sa mababaw na dahilan.


B. Layunin ng Pag-aaral:

Layunin ng pananaliksik na ito na malaman kung ang pagsusulong ng diborsiyo sa Pilipinas ng ay tama lang na ipatupad o sundin pa rin ang dating nakasanayan na ang kasal ay sagrado at hindi na maaari pang baliin o ipaliwalang bisa. Nais ding nitong palawigin ang kaalaman tungkol sa isinusulong na Divorce Bill dito sa Pilipinas, at ang mga dahilan bakit hindi ito maipasa gayun din ang maipaalam ang positibo at negatibong epekto nito sa indibidwal, pamilya at sa lipunan.
C. Pagpapahayag ng Suliranin:
1. Sang ayon ka ba sa pagpapatupad ng Diborsiyo sa Pilipinas ?
2. Ano sa tingin mo ang ugat ng pagsusulong ng Diborsiyo sa Pilipinas ?
3. Ano sa iyong palagay ang epekto ng diborsiyo sa pamilya lalo na sa mga anak?
4. Ano sa iyong palagay ang magiging epekto ng diborsiyo sa isang bansa ?
5. Sa iyong palagay, mas marami ba ang makikinabang kung ang diborsiyo ay magiging legal sa Pilipinas?

D. Lawak at sakop ng pag-aaral:

Ang pokus ng pananaliksik na ito ay ang ugat at epekto ng diborsiyo sa pangkalahatan.


E. Pagbibigay katuturan sa mga katagang ginamit.

 Code of Hammurabi
 Medieval Period
 Gabriela Party list
 House Bill no. 1799


F. Kahalagahan:

Ang kahalagahan ng pag-aaral na ito ay pagpapakita ng mabuting at masamang epekto ng diborsiyo sa bansa. Ang mahabang usapin sa senado ang isa sa mga factor kung bakit ito ang aming napili para saliksakin. Ang dahilan at epekto ng diborsiyo ang pokus ng aming pag-aaral, dahil malaking epekto ang diborsiyo sa ilang mga bagay. Katulad ng lamang ng maayos na pamilya gayun din naman ang relasyon sa pagitan ng mag-asawa. Aming din maipapakita ang mabuti at masamang epekto ng diborsiyo sa isang indibidwal, pamilya at bansa. Sa kabilang banda maibabahagi namin ang istatistika mg ilang mga bansa na nagpapatupad na ng diborsiyo sa kani-kanilang bansa at ang epketo nito sa pangkalahatan lalong-lalo na sa pamilya.


II. Metodolohiya
Ang paraang aming ginamit sa pananaliksik ay ang Survey Questionnaire. Ang Survey Questionnaire ay ginagamit upang makakalap ng datos mula sa iba't ibang tao. Isa ito sa pinakaginagamit na paraan. Ito ay aming pinamahagi sa 100 respondents sa Lyceum of the Philippines University – Cavite Campus. Ang iba pang datos na aming nalakap ay galing sa mga onlayn sites.



II. Paglalahad, Pagsusuri at Pagpapakahulugan ng datos

Ayon sa aming sarbey ito ang :



Batay sa tsart na ito, makikita na ang United States ay ang may pinakamataas na bilang ng diborsiyo. Lumalabas na ang epekto ng diborsiyo ang tunay na nakakaapekto sa mga kabataan.








*Ayon sa aming datos na nalakap, ang ilan sa mga epekto ng diborsiyo sa kabataan ay ang mga sumusunod:

 Kalusugan, asal, at emosyonal na problema
 Pagkahilig sa sex
 Maagang pag-aasawa
 Pagkakalulong sa masamang bisyo

Isang mainit na usapin ngayon ang pagsusulong ng Divorce Bill sa bansa. Sa Senado, Simbahan, Paaralan at maging sa ating tahanan ay napag uusapan o napagdidiskusyunan ang pagsusulong ng Diborsiyo. May iba na pinipilit ipagtanggol na dapat ng ipatupad ang Divoce bill ngunit mas marami parin ang sadyang naniniwala sa sagrado ng kasal.

*Ito ay ilan sa mga ugat o dahilan kung bakit may sang-ayon at di sang-ayon sa diborsiyo.

 Mataas na bilang ng pagmamaltrato ng asawa at mga anak
 Problemang pang pinansyal







IV.Lagom ng natuklasan, konklusyon at rekomendasyon












V. Apendiks

1. Sang ayon ka ba sa pagpapatupad ng Diborsiyo sa Pilipinas ?
 OO
 HINDI

2. Ano sa tingin mo ang ugat ng pagsusulong ng Diborsiyo sa Pilipinas ?
 pambubugbog sa asawa
 kakulangan pang pinansyal
 adultery/pangangalunya
 kakulangan sa sex

3. Ano sa iyong palagay ang epekto ng diborsiyo sa pamilya lalo na sa mga anak?
 pagiging basagulero
 depression
 mababang tingin sa sarili
 walang direksyon ang buhay

4. Ano sa iyong palagay ang magiging epekto ng diborsiyo sa isang bansa ?
 Mas maraming kabataan ang makakatulong sa bayan.
 Mas maraming kabataan ang magiging problema ng bayan.

5. Sa iyong palagay, mas marami ba ang makikinabang kung ang diborsiyo ay magiging legal sa Pilipinas?
 OO
 HINDI

Monday, 19 September 2011

Awesome God


Many  teenagers  today live a life without knowing their purpose.  A life full of mischief, procrastination, idolization and wrong priority. And worst is they do not know who is God.
In my 17 years of living, I’m so thankful that my family helps me to know more about Christ that made me a better person. He is my Savior and my best friend. He is also the best father, even my biological father is the best, and God is truly the most wonderful Father. I am so blessed that giving His life for me and for all the sinners was truly an everlasting love. He is also the best among my friends.  He never leaves me since I was born until now. Many people forgot me already but God don’t. He doesn’t have busy schedules, He always have time to listen in my confessions, wishes, and desires. That is why I know He is the best. Because of Him, I have my purpose in life. Though there are times that temptations and struggles comes to me and to my family, we can actually resolve it. I am also grateful that my Savior pours me with so many blessings. Not only to material things but also pouring love that comes from my family and friends.
I always thank God for everything, giving me some circumstances that made me stronger and showering me with an everlasting love are the best thing I ever had. To God be the Glory. 

Sunday, 18 September 2011

Expectation

I really love this day. I saw my friend, and I bond with her. You know what, I'm just so disappointed of what Ive knew. That my crush also had communication with my ex-best friend. And what's worst he also asked her for a date. What the fuck right? Because of that I do not want to trust again to other guys. It makes me so stupid. Is there anyone who will be serious loving me? I'm truly waiting for that perfect time. :(

Friday, 16 September 2011

Masskara Festival

The making of maskara for Masskara Festival

for Sociology/ Anthropology

It looks great right? Those Maskara is for our Masskara Festival probably. We made that maskara for just two consecutive days. Making those masks gave me body pains. However, I am so glad that the dancers appreciated what we've done.  I'm just hoping that in that big day, where the dancers are going to perform their special number  will be a success. Thank God for everything, giving me talents whom I can share of. My utmost for His Highest.

Wednesday, 14 September 2011

Divorce Bill

Battered wife, psychological incapacity of the husband and bigamy cases are just a few issues why many Non-Government  Organizations and Government Officials pushes divorce bill to be a law. 
 Gabriella Party list is one of the most NGO that are eager to have divorce bill in our country. They are more about to the women and children who are abused by their husband and fathers.  But there are also Government Officials that are against divorce bill. Like, President Noynoy Aquino he is not for divorce bill because he believed in the sacred of marriage, bind together by God's love and authority that will not be break anymore. There are also people believed that many Filipinos will abuse that bill. Because divorce bill is just like breaking up with someone and will not take years to null the marriage than annulment where a married couple need to waste time and money for the hiring that will take years just to be annulled.       
    I'm hoping that this issue about divorce bill will not be agreed by the Government  because   for me, it will not help us to solve the problem of the families or couples in the Philippines.