Divorce Process Research Articles

LEGAL CONSEQUENCES: DISSOLUTION OF MARRIAGE DUE TO DIVORCE SUITS FROM DIFFERENT RELIGIONS (Study Decision Number: 55/Pdt.G/2022/PN.Tjk)

Marriage is the behavior of creatures created by God Almighty so that life in the natural world can reproduce. Because humans are intelligent creatures, marriage is one of the orderly and sacred cultures that follows the development of human culture in the development of social life. Law Number 1 of 1974 concerning Marriage, namely regarding the maintenance of children, joint assets and maintenance/expenses for the wife and children. The responsibility of parents who have divorced for the support of minor children is that children who are not yet mumayyiz (12 years old) have the right to receive hadhanah from their mother, unless the mother dies, then her position is replaced by women in a straight line up from the mother. , women in a straight line upwards from the father, sister of the child in question. Implementation of the Divorce Process in the District Court Study Decision Number: 55/Pdt.G/2022/PN. Tjk is the same as the process is not much different from How to file a divorce suit by a Muslim couple. Non-Muslim couples are required to file a divorce suit at the district court, so that their divorce is valid in the eyes of the law of the nation and state. With supporting reasons for the divorce lawsuit, the divorce lawsuit will be granted by the court.

Child custody after a divorce in Islam and in Russian legislation (comparative analysis)

The article describes the negative consequences that result from the lack of a competent approach to solving the problem associated with determining the right to care for minor children after parental divorce. The main focus is on explaining the most important norms of Islamic family law, and Russian legislation in matters of the right to care for the children in the event of parental divorce. A comparative analysis is carried out between these norms, indicating points of contact and differences. The purpose of the study is to reveal the problem related to the right to care for the minor children that Muslims in the Russian Federation face during the divorce proceedings. The author, in this article, draws attention to the fact that due to some differences in these legal norms, Muslims may have difficulties associated with the desire to simultaneously comply with the rules of their religion in the legal field and not violate the provisions of Russian law. The author also discloses the ways out of the current situation, combining, where possible, the rules of law of the both approaches. The scientific novelty of the paper lies in the very study of the key problems that Muslims in Russia face in the matters related to the divorce process, in particular, regarding the right to care for the children after their parents’ divorce. The research provides the comparative analysis between the norms of Islam and the rules of the Family Code of the Russian Federation on the matter. As a result, it was determined that the Muslim community needs to know and study both the norms of Islamic Law regarding the right to care for the minor children after a divorce, and the position of Russian legislation. It is very important to learn how to combine these norms. Also, in case of a dispute, such issues should be addressed to the qadi. It will help you avoid mistakes and determine who has the priority right to care for the children.

Rights of Women Married Under the Act - A Case Study of Legal Divorce

The rights of women in divorce cases, particularly those married under the Act, have been a long-standing concern. Despite the existence of laws governing marriage and divorce, women often face challenges in asserting their rights during the divorce process. This study aims to assess the general concept of marriage and marriage under the Act, examine divorce and its effects, and evaluate the consequences of divorce on women's rights. The study seeks to identify the position of the law on divorce and women's rights in the process and at the end of the process. A mixed-methods research design was employed, combining qualitative and quantitative approaches. The study analyzed laws and statutes on marriage and divorce, reviewed cases adjudicated by courts of competent jurisdiction, and conducted interviews with divorcees, legal practitioners, and other stakeholders. The study found that women's rights in divorce cases are often compromised due to ignorance of the laws and lack of advocacy on their behalf. The Domestic Relations Law of Liberia, the Matrimonial Causes Act of Nigeria, and the Supreme Court of Liberia's opinions on divorce cases were found to be crucial in upholding women's rights in divorce cases. The study concludes that women's rights in divorce cases are often neglected, but the law provides avenues for redress. The study recommends increased awareness and education on women's rights relative to divorce, as well as the need for advocacy on behalf of women in divorce cases. The study's findings have implications for policymakers, legal practitioners, and women's rights advocates.

Peluang dan Tantangan Pemenuhan Hak Perempuan Pasca Cerai Gugat di Pengadilan Agama

Divorce is the dissolution of a marriage carried out through a court decision or at the request of one party in the marriage, often involving various legal and social considerations. PERMA No. 3 of 2017 concerning Guidelines for Judges in Adjudicating Cases Involving Women in Conflict with the Law serves as a legal foundation and an important reference for judges in the Religious Courts. This study employs the method of Empirical Legal Research, allowing the researcher to observe and evaluate the implementation of this regulation in the field. In addition to PERMA No. 3 of 2017, there are also supporting regulations such as SEMA No. 3 of 2018, SEMA No. 2 of 2019, and SEMA No. 5 of 2021. These regulations require judges to order the husband to pay maintenance to the wife before pronouncing the divorce declaration and issuing the divorce certificate. This aims to ensure that women's rights are protected and fulfilled, even in often complicated divorce situations. The research findings indicate that opportunities for fulfilling women's rights are increasingly open, creating legal equality based on the principle of justice and providing protection for women after divorce, which may not have been guaranteed previously. However, the lack of legal awareness from both parties, the husband and wife, has led to the implementation of these regulations not running efficiently and effectively. Therefore, this study is expected to contribute to the development of policies and legal practices that are more supportive of women in the divorce process.

Divorce Bureaucracy in the Sharia Space: Examining Practices in Langsa City, Aceh

Divorce in the community is often understood differently between Islamic law, the State, and customary law. Each of these laws has a fundamental legal basis regarding the concept of divorce. The impact of differences in the legal concept of divorce results in different Muslim communities in the process of terminating marital relations. This research aims to examine further how the divorce bureaucracy in Indonesia affects the divorce process in the community. This paper results from an empirical study with a socio-legal study approach, this approach is used to review how divorce in society is practiced. Data was obtained from interviews with relevant parties. To strengthen the data and analysis, this research also uses several empirical research results and other important articles related to this paper. The results show that the divorce bureaucracy in Langsa City, Aceh still leaves problems caused by differences in viewpoints and interests so that divorce outside the court still occurs. The difference in perspective is based on the understanding that divorce is legal if it fulfills the provisions of Islamic law. On the other hand, people who are aware of the law have the view that divorce must be done before the court. The bureaucracy of divorce, which involves administration and the conditions that must be met, makes divorce considered complicated and takes a long time. Conversely, religious divorce does not require a long time and cost. In addition, the interest in a quick process without the need for an administrative process also influences the divorce bureaucracy. Non-judicial mediation at the village level is essential for reducing divorce rates and reducing divorce bureaucracy.

Applying Bronfenbrenner’s Ecological Systems Model in Family Court

he work of Urie Bronfenbrenner is a key framework in Family Science, yet there are many areas where it has seldom been applied, including in the processes experienced by divorcing families in Family Court. Acknowledging the paucity of scholarship applying ecological systems theory to these topics, the paper offers instructive interpretations of personal practice experience in these roles. Described are two of several career roles in Family Court available to professionals trained in family science and how Bronfenbrenner’s ecological systems model of development is applicable in that work. Careers described are providing training and consultation for attorneys and judges and conducting custody evaluations. Bronfenbrenner’s model affords consistent and useful principles for both roles. The processes of separation and divorce are described as a series of ecological transitions that affect not only family structure, but the relationships that make up the family system, as well as family members’ participation in other ecosystems. Changes in relationships and ecosystems affect development by requiring individuals to adapt. Family Court itself is an ecosystem with roles, activities and macrosystem beliefs that are often stressful for family members and that may increase risks to family relationships and development. Discussion considers areas where Family Scientists can use Bronfenbrenner’s model to contribute to improved research and practice for divorcing families.

Proposal of Literary Therapy to Alleviate Psychological Difficulties of Parents and Adolescent Children in the Divorce Process - Focusing on Parental Ostracism Syndrome and Loyalty Conflict-

Proposal of Literary Therapy to Alleviate Psychological Difficulties of Parents and Adolescent Children in the Divorce Process - Focusing on Parental Ostracism Syndrome and Loyalty Conflict-

Demographic Development of Russia within the Boundaries of Human Capital Theory: Problems and Solutions

The article outlines the role of the demographic situation in ensuring the development of the socio-economic system of the country. In the process of empirical research, the dynamics of the list of indicators characterizing the demographic situation in Russia is considered. The calculation of the absolute indicator of the population is presented, which allows to reveal of the numerical losses of human capital. The fact that the reduction of the country’s population was due to the population of rural areas was established. It is also noted that there was a constant increase in the number of population over working age, as well as a decrease in the working-age population. The decrease in the existing volumes of human capital has led to certain economic losses expressed in the form of lost GDP, which the socio-economic system has incurred. In the context of the above trends, the preservation of the existing human capital, which can be assessed on the basis of the dynamics of indicators: life expectancy and the number of marriages and divorces, becomes a priority. The processes of human capital reproduction represent one of the important directions of demographic development in Russia. The authors determined that these processes have a negatively directed tendency to change. This problem is considered from the position of the functioning of the family institution and the dynamics of the divorce process. An analytical study of statistical data allowed us to conclude that the intensity of marriages in Russia during ten years was higher than the intensity of divorces. The calculated value of the coefficient of preservation of family relations indicates an increase in the probability of reproduction of human capital. The authors calculated the numerical value of reserve human capital in the form of the volume of potential labor force, which can provide an additional volume of GDP.

The Role and Effectiveness of Judges in Reducing Divorce Rate (Case Study in the Religious Court of Tegal District)

A harmonious and happy marriage is the main goal of marriage. However, in reality, divorce is increasingly common in Indonesia. The Central Statistics Agency (BPS) shows an increase in the divorce rate in recent years. This is a concern for many parties. Lack of communication and understanding between partners is one of the main factors. This research aims to understand the role of judges in helping couples resolve conflicts and reach agreements in the divorce process. Apart from that, this research also examines strategies to increase community access to mediation and counseling services in the divorce process. The research method used is empirical legal research with a socio-legal approach. This research analyzes the law and its practices in society. It is hoped that the research results will provide a deeper understanding of the role of judges in helping to resolve conflicts and reach agreements in the divorce process. It is also hoped that the research findings can provide input for increasing public access to mediation and counseling services in the divorce process.

Tinjauan Sosiologi Hukum terhadap Penyelesaian Talak di Bawah Tangan

This research is motivated by the findings of researchers in the field regarding the existence of secret divorce processes in Wakan Village, Jerowaru District, East Lombok Regency. In Wakan Village, there are many controversies surrounding the secret divorce settlement. In this study, the researcher aims to understand the process of secret divorce settlement among the community in Wakan Village and the impacts that arise from such secret divorces from a socio-legal perspective. The researcher utilized qualitative research in this study, collecting both primary and secondary data. Data collection techniques involved three stages: observation, interviews, and documentation. The data analysis conducted by the researcher is qualitative descriptive interpretation of the findings presented deductively (general). Subsequently, in the final conclusion, the researcher draws inductive (specific) and systematic conclusions. Keywords: Sociology of Law, Settlement of Divorce Under the Hand

COMPARISON OF FAMILY LAW SYSTEMS IN THE UNITED STATES, INDONESIA, AND FRANCE: A CASE STUDY OF MARRIAGE AND DIVORCE RULES

Family law systems in different countries significantly differ between marriage and divorce regulations. This research aims to compare the family law systems in several selected countries and analyze the marriage and divorce regulations in these countries. The research method used is qualitative with a case study approach. At the same time, primary and secondary data are obtained from literature studies where the retrieval process is from various trusted sources such as journals, books, and legal regulations. Data analysis uses descriptive analysis of research methods by collecting data after the actual data is compiled, processed, and analyzed to provide an overview of the existing problems. The results show that the selected countries, namely the United States, France, and Indonesia, have different marriage requirements, divorce proceedings, property division, and child custody regulations. An in-depth discussion of these differences provides a better understanding of the family law system in each country and its implications for individuals involved in the marriage and divorce process. This research concludes that comparing family law systems in different countries opens up room for developing better regulations to protect the interests of individuals and families in the context of marriage and divorce.

Identifying a typology of helpful post‐divorce family assets: Implications for divorce education

AbstractDivorce education programs seek to provide parents with information about various aspects of the divorce process, its consequences, and strategies for successful adjustment. Within those broad content areas, however, there are myriad of potential promotive‐, protective‐, and risk‐factors that programs could address. Thus, divorce education programs could benefit from further guidance about the content areas divorcing parents may find the most helpful. In the present study we aimed to describe what divorced parents felt had helped their families throughout the divorce process. We did so to promote further alignment between divorce education program content and what parents have found helpful. Specifically, we identified a typology of helpful post‐divorce family assets. Our findings suggest that though a plurality of divorcing parents benefit from a wide range of legal/professional, former spouse, and personal assets, the majority rely predominately upon their own parenting skills and resources, or perceive few beneficial assets to draw on. We contend divorce educators should consider incorporating further information on developing personal parenting skills or resources, and skillfully navigating legal or therapeutic systems, to further complement existing curricula.

The Application and Regulation of DNA Identification Technology in Criminal Justice

In addition to being often utilized to identify criminal activity, forensic DNA analysis is also frequently employed in civil disputes to prove the paternity of disputed children. Affiliation orders, divorce processes, and instances of questioned legitimacy are where the bulk of cases involving challenged paternity occur. In recent years, there has been an increase in the use of DNA evidence in criminal investigations. Low enforcement has benefited from the use of DNA testing to identify perpetrators and solve complex crimes like rape and murder with rape. Computerized DNA databases for the identification of criminal criminals have been developed in several countries, making it feasible to identify people quickly in mass disasters using DNA typing. With the exception of identical twins, no two individuals have the same DNA, making DNA a formidable investigative tool. To put it another way, each person's DNA is distinct because the sequence or order of the DNA building blocks varies depending on the location within the cell. In criminal investigative instances, DNA is also quite significant. The science of DNA identification is examined in this essay, as well as its use in both civil and criminal cases. Analysis of the legislation pertaining to various countries is also included. The Indian Evidence Act of 1872 and the Code of Criminal Procedure of 1973 do not have any explicit rules to address forensic science concerns, despite the fact that DNA has a significant role to play in criminal investigation cases including murder, rape, contested paternity, man - made catastrophe, etc. In this essay, the science of DNA identification and its application to criminal investigations, trials, appeals, and post - conviction actions are studied. It discusses the key advantages and disadvantages of the growing use of DNA identification in the criminal justice system, with a focus on India.

Efforts to Protect Victims of Domestic Violence in Divorce Cases in Court

The number of domestic violence cases continues to increase every year. The majority of the victims of violence are women. The purpose of this study is to determine the protection in the form of fulfilling the rights of domestic violence victims in divorce cases to achieve justice, certainty, and utility. This research uses a qualitative method by employing normative research that examines primary, secondary, and tertiary legal materials and utilizes descriptive analysis. The theory used is the theory of legal objectives, namely justice, certainty, and utility. This study analyzes efforts to protect victims by the domestic violence eradication law. Based on the results of this research, efforts in the divorce process include filing for protection and fulfilling rights, and the implementation of fulfilling the rights of domestic violence victims after divorce is not oriented towards legal certainty and utility as stipulated by the law.

Rethinking utility in divorce education: Use of multi‐program evaluation data to uncover markers of post‐divorce adjustment

AbstractFor children in the United States, family instability following parental relationship dissolution is common and efforts to promote effective post‐divorce co‐parenting arrangements have grown substantially in recent decades. To help families navigate transitions through the divorce process, most states require divorcing parents to complete divorce education programming. In the present study we used pre‐post data from three divorce education programs (n = 1026 parents) to explore programmatic effects on self‐reported adjustment, intentions to co‐parent, and likelihood to relitigate, and attempt to determine mechanisms that may account for or explain those programmatic effects. Overall, we found support that these programs are able to impact perceived adjustment and co‐parenting intentions. Specifically, we documented small, but significant, increases in perceived adjustment and that post‐program adjustment was associated with greater intentions to engage in supportive co‐parenting with former spouses. Further, co‐parenting intentions were shaped by how useful parents found the programs with greater perceived utility being associated with more positive co‐parenting intentions. The relitigation outcomes, however, were not associated with post‐program adjustment or perceived program utility. Instead, they were primarily associated with pre‐program experiences such as the quality of co‐parenting prior to the program and whether an order of protection was present between co‐parents.

The effects of resolution method of child custody and support plans on parental well‐being during the divorce process: Implications from and for divorce education

AbstractThe majority of research on the impact of divorce on parents, children, and families focuses on what occurs after the divorce has been finalized. However, data derived from divorce education programs present opportunities for research on the experience of parents during the divorce process. Guided by the divorce‐stress‐adjustment model, this study sought to understand how the divorce process impacts parental well‐being by examining some of the most pressing child‐related concerns divorcing parents have while going through a divorce. Specifically, we looked at how the approach parents took to resolve child‐related issues (i.e., internally, through outside intervention, or unresolved) was related to the perceived fairness of child custody arrangements, parental concerns regarding how divorce impacts children, financial concerns, and their overall well‐being. Perceived fairness of the child custody arrangement, concerns regarding how divorce impacts children, and financial concerns were associated with parental well‐being, and also served as an indirect path through which approaches to resolve child‐related issues impacted parental well‐being. Understanding what parents think and feel during the divorce process, and how those thoughts and feelings are related to the actual steps to getting a divorce, could help inform divorce education typically administered as part of divorce proceedings.

Reassessing Chronic Strain: A Research Note on Women's Income Dynamics After Divorce and Separation

The economic consequences of divorce and separation for women are commonly associated with the chronic strain model, according to which women's losses are large and persistent. This research note shifts the focus to a crisis model highlighting women's potential of, and routes to, recovery from initial losses. Drawing on German Socio-Economic Panel data (1984–2021) on women in marital and cohabiting unions (N ∼ 27,000 women, N ∼ 3,400 divorces and separations), we use fixed-effects regression models and event-history models to analyze changes in equivalized monthly household income and poverty risk across the process of divorce and separation. Results show that most women recovered from their initial economic declines. Although initial losses were common and often sizable, large fractions of women eventually returned to or exceeded the household income expected in the absence of divorce and separation. Recovery was facilitated by the “traditional” route of repartnering and the “modern” route of women mobilizing their productive skills. Both routes appeared more important than the absence of barriers, such as children in the household. We conclude that for the majority of women, the economic consequences of divorce and separation are better described as a temporary crisis than as a chronic strain.

Kedudukan Harta Gono-Gini dalam Pembagian Harta Waris Menurut Hukum Islam

Marriage is a universal rule that applies to all creatures, including humans, animals and plants, as a way to reproduce and maintain life. In Islam, marriage means a contract between a man and a woman's guardian which makes sexual relations halal. A marriage can end due to death, divorce, or court settlement. Divorce is seen as the final step if the relationship cannot be repaired, and in the Qur'an and Hadith, there are no detailed provisions regarding the divorce process, so the law can be adjusted to the situation. One of the consequences of marriage is the existence of, Common Property Treasure acquired during the marriage, and must be managed responsibly by husband and wife. This concept is regulated in Indonesian laws and regulations, such as the Marriage Law, Civil Code, and the Compilation of Islamic Law., Common Property Treasure includes wealth acquired during marriage and belongs jointly to husband and wife, while inherited property is wealth owned before marriage. The issue of, Common Property Treasure has not been widely discussed in classical jurisprudence studies, but in the modern context, this has become important to ensure justice in Division of assets in case of divorce. Islamic law allows the distribution of assets through deliberation or court decisions if necessary. The concept of community property supports the fair distribution of wealth between husband and wife, in accordance with the principles of justice in Islam.

Impact of Divorce on Parent-Child Relationships

Purpose: The general objective of this study was to explore the impact of divorce on parent- child relationships. Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library. Findings: The findings reveal that there exists a contextual and methodological gap relating to the impact of divorce on parent- child relationships. Preliminary empirical review revealed that divorce significantly influenced these dynamics, often leading to challenges in communication, emotional bonding, and co-parenting. Children of divorced parents experienced various emotional and psychological difficulties, such as insecurity and anxiety, with the disruption of family routines exacerbating these issues. However, the consequences varied based on factors like child age, gender, and family functioning. Despite these challenges, many children showed resilience over time, with factors like parental warmth and effective communication buffering the negative effects. Overall, understanding these complexities allowed for the development of strategies to support families during the transition process, promoting positive outcomes for children and families. Unique Contribution to Theory, Practice and Policy: The Attachment theory, Family Systems theory and Social Learning theory may be used to anchor future studies on the impact divorce has on parent- child relationships. By integrating multiple theoretical perspectives such as attachment theory and family systems theory, researchers gained a comprehensive understanding of the complexities surrounding divorce's effects on parent-child relationships. Evidence-based interventions, including parent education programs and family therapy, were recommended to support families during the divorce process. Moreover, policy reforms advocating for the protection of children's rights and access to supportive services were proposed. These recommendations aimed to enhance the well-being of children and families navigating the challenges of divorce, fostering healthier family dynamics and parent-child relationships.

The curator as a protective participant of the minor in contentious divorce proceedings

In Ecuador, within a contentious divorce judicial process, in accordance with the criteria of the National Court of Justice and with the same adjective norm, the situation of minor children, born within the marriage, must be resolved in a mandatory manner. which is to be dissolved. In this sense, Ecuadorian legislation has determined that, in judicial processes that address the interests and rights of children and adolescents, it is fundamental and necessary that a curator ad litem be appointed, so that he is the one who watches over their rights. The appointment of a curator ad litem has been specifically considered in resolution No. 10-2016 of the National Court of Justice, which even regulates the procedure to be followed for their correct appointment, since within the adjective regulations they do not there is a specific and clear budget regarding the subject. However, the fundamental presupposition that must exist is that the rights of children and adolescents cannot be violated and within the judicial processes that the interests of this social group are ventilated, it is necessary to guarantee their rights. Through the present investigation, the importance of the figure of the curator ad litem will be determined, within the judicial processes of divorce on grounds. For which a qualitative methodology has been used, and the use of different methods of this, such as the synthetic analytical method and the deductive method, for when the intrinsic characteristics of the research problem were analyzed, analyzing causes and effects, to from a general premise, one will arrive at particular premises.