Divorce Process Research Articles

Divorce in China

The process of divorce in China today has inherited a history of rules and policies which are not known in the West. Despite divorce patterns evolving towards guidelines and policies more familiar to the West, many important particulars of culture, custom, and law still govern the process in China, leading to a reluctance to divorce both by couples and by the judges who oversee divorce. This article lays out those policies and gives two clinical examples: one of almost certain divorce and the other exploring the effect of separation and divorce on a couple's child.

Miłość kończąca się na sali sądowej. Relacje małżeńskie w procesie rozwodowym

This article analyses the components of love and the stages of a love relationship in relation to the increasingly common phenomenon of divorce in society. The author underlines that the reason of filing for divorce may be the further development of love and – more specifically – the decline of passion and intimacy, of which the spouses may not be aware. Qualitative changes in love surprise the spouses and cause dissatisfaction. The availability and popularity of divorces, in turn, induce the spouses to resort to such tools. According to the author, an increase in the social awareness in this matter could make it possible to avoid many divorce processes.

Parental Alienation: Targeted Parent Experience in Turkey

This study aimed to investigate Turkish targeted parents’ experience of alienating tactics used in the process of being alienated from their child. The study also aimed to explore targeted parents’ thoughts on the services they have received from mental health and legal professionals that they encountered during the process of family separation. Eighty-four targeted parents completed an online survey. The survey consisted of questions pertaining to sociodemographic information, questions developed by the researchers asking about the targeted parents’ experiences, and questions regarding 13 alienation tactics described in the literature. The majority of participants were male (94%), with an average age of 42 years. Participants reported they had been exposed to many alienating tactics and almost half of the participants had not seen their child despite the existence of court ordered visitation. Half of the participants had been referred to mental health professionals during the divorce process, with the majority of these participants of the opinion that these professionals had insufficient knowledge of parental alienation. Further, most participants thought that the legal professionals they encountered had insufficient knowledge of parental alienation. Participants also reported feeling hopeless, desperate, lonely, anxious, and unable to enjoy life. These findings are consistent with research with participants from other countries.

PERBANDINGAN TUGAS MEDIATOR PADA PENGADILAN AGAMA INDONESIA DENGAN MAHKAMAH SYARIAH MALAYSIA

Article 3 (2) Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures, Case Examining Judges in the consideration of a decision must state that the case has been pursued peace through mediation by mentioning the mediator. The court is not only tasked with examining, trying, and resolving cases it receives but also seeks to reconcile the parties. The court, which has been impressed as a law enforcement and justice institution, now appears as an institution that seeks peaceful solutions for the parties. The implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts can be an eff ort to resolve civil disputes so that the settlement of civil disputes through mediation is the main choice. The research method used is normative legal research which includes research on legal principles which is very basic in guided law. The nature of the research carried out is descriptive, namely research that describes and explains in clear and detailed sentences. The data used are secondary data obtained from literature, consisting of primary, secondary, and tertiary legal materials. Processing and data analysis used qualitative methods. The defi nition of mediation according to the Religious Courts in Indonesia and the Syari’ah Courts in Malaysia is the eff ort of the judges and courts to reconcile the parties so that the divorce process does not continue at the next trial. When the mediation process was carried out at the Indonesian Religious Court and the Syari’ah Court in Malaysia, there was a similarity, namely the mediation process was carried out at the fi rst trial and it was an obligation for the disputing parties in a divorce case to take mediation. according to the procedure for the appointment of mediators at the Indonesian Religious Courts and the Syari’ah Courts in Malaysia and the appointments of these mediators are both made by the judges.

The implications of high-conflict divorce on adult–children: Five factors related to well-being

ABSTRACT Offspring of divorce are generally more vulnerable to negative mental health outcomes than counterparts of intact marriages. However, not all cases of divorce are equivalent. The present study aimed to contribute to divorce literature by investigating the role of interparental conflict during the divorce process on offspring well-being. A convenience sample of 144 adult undergraduates from divorced families completed questionnaires pertaining to perceptions of interparental conflict and psychological well-being, interpersonal competence, irrational beliefs, materialistic orientations, and emotion dysregulation. Perceptions of interparental conflict during divorce positively correlated with irrational thinking and emotion dysregulation, and negatively correlated with psychological well-being and interpersonal competence. A MANOVA revealed that participants' perceptions of interparental conflict had significant predictive power on all factors of interest except materialism. In the model, interparental conflict had the greatest effect on emotion dysregulation. Participants with perceptions of high interparental conflict had greater impairments in all variables (except materialism, which was non-significant) compared to the low perception group. They also presented greater impairment in interpersonal competence, emotion regulation, and rational thinking than the medium perception group. Overall, the results suggest interparental conflict during divorce is relevant to offspring outcomes, perhaps particularly within emotion regulation.

Justice brokers: Women’s experiences with injustice and dependence in the divorce process

Rising divorce rates have increased the need for third parties’ involvement in seeking justice. This study explores village officials’ involvement as justice brokers in divorce proceedings and thei...

To have and to hold: Emotional distress, divorce denial, and the politics of interspousal torts

Abstract While domestic abuse can manifest itself in many forms, one example of abuse within the divorce process is the denial of the religious divorce. In Jewish law, the parties must transact a bill of divorce (known as a get) before they are divorced. If a spouse refuses to cooperate with this process, they limit their former partner’s ability to date and remarry within the community, effectively maintaining coercive control post-divorce. This article will examine whether or not victims of get refusal would be able to recover monetary awards under the tort doctrine of Intentional Infliction of Emotional Distress (IIED). This article will argue that while the facts of get refusal meet the central elements of the tort of IIED, these cases are unlikely to succeed in most states due to the court system’s reluctance to apply IIED to interspousal torts. The reasons behind this hesitation draw on the complex history of domestic abuse and tort law, and historical legal prioritizations of family privacy over abuse victims’ safety. Additionally, I will explore the history of the IIED tort as a vehicle for social change and examine how IIED can still play that role today. Ultimately, I will argue for the necessity of courts’ abandoning lasting vestiges of the marital privacy doctrine and providing redress to victims of this insidious form of domestic abuse.

Possession is Nine-Tenths of the Law: Why Wife-Beaters Are Awarded Child Custody in China's Divorce Courts

Domestic violence allegations are pervasive in divorce petitions filed by women seeking to divorce their husbands in China's courts. In China, formal legal protections against domestic violence are unimportant to the judges who decide the fates of women seeking their help. Women who flee marital violence often lose their children in the divorce process to the men who abused them because victims of domestic violence are far less likely to have physical possession of their children. When determining child custody, judges are supposed to consider the best interests of children. In practice, however, their impulse is to preserve the status quo. By tending to grant child custody to the parent who has physical possession of the child, judges reward the bad behaviour of perpetrators of domestic violence, punish victims of domestic violence who are forced to escape their abusers, and jeopardize the safety of the very women and children whose interests they are responsible for protecting.

PROSES PERCERAIAN DALAM PERSPEKTIF MARTIN BUBER

Perceraian di Indonesia semakin meningkat dari waktu ke waktu. Ini merupakan fakta sosial yang tidak terbantahkan. Melalui pendekatan filosofis penelitian ini akan menganalisa bagaimana proses perceraian terjadi dan bagaimana suami atau istri melihat pasangannya dalam perspektif Martin Buber. Perceraian adalah sebuah proses menuju perpisahan. Bermula dari sebuah krisis dan konflik rumah tangga yang berkepanjangan, pada akhirnya menghadirkan “sudut pandang” baru terhadap pasangannya. Sebelum konflik, dalam perspektif Buber, relasi suami istri dapat disebut berada pada pola I-Thou. Suami atau istri melihat pasangannya sebagai gambar diri atas keberadaannya sebagai seorang pribadi, tetapi krisis keluarga membawanya pada pola I-It yang memandang pasangan sebagai things. Krisis berdampak pada perubahan pola relasi dari relasi yang bersifat integratif menuju pola relasi segregatif dan sparatif. Proses perpisahan suami istri tersebut dimulai dengan adanya konstruksi diri oleh pihak yang “kuat” kepada pasangannya yang berada pada posisi inferior. Konstruksi diri negatif ini menjalar menjadi konstruksi sosial yang berdampak pada stigmatisasi pihak inferior sebagai pihak yang patut dipersalahkan. Stigma terhadap pasangan sebagai It inilah yang memperlancar proses separasi yang berujung pada perceraian.

THE ANALYSIS OF DIVORCING PHENOMENON IN PROBOLINGGO REGENCY (Case Study in Clarak Village, Leces District, Probolinggo Regency)

This research examines the Phenomenon of Divorce in Probolinggo Community Case Study Clarak Village Leces District Probolinggo Regency. This study aims to determine how the cases of divorce problems in the Probolinggo community, especially in the village of Clarak Leces District. What are the factors and impacts of divorce in the Probolinggo community, Clarak Village, Leces District, Probolinggo. This research uses a qualitative description research method with data collection, interviews, documentation and in a secondary way, which are literature review through books, journals, reports and internet sites related to the research topic as well as important documents, and primarily, are collecting information, either from the community involved in a divorce in Clarak Village or in KUA and others, or from parties and direct opinions from the local community. The results of this study conclude that the Divorce Phenomenon in Clarak Village Community is still considered high, it means that the problem of divorce, has not been resolved optimally, almost every year there are still those who divorce. Divorce problems in Leces, Probolinggo. are caused by several things, among others; Disharmony at home, moral and moral crisis, adultery, strife, infidelity, boredom, early-age marriage and marriage without love. Divorce does not mean that it only involves both partners who are in trouble but their families also feel that they are in trouble, many of the divorced couples do not think about their respective families or do not pay attention to how and what is happening, especially to their children, when the divorce process will occur or has happened, this divorce is usually preceded by these various conflicts.Key Words : Divorce, KUA Clarak, Moral

THE ANALYSIS OF DIVORCING PHENOMENON IN PROBOLINGGO REGENCY (Case Study in Clarak Village, Leces District, Probolinggo Regency)

This research examines the Phenomenon of Divorce in Probolinggo Community Case Study Clarak Village Leces District Probolinggo Regency. This study aims to determine how the cases of divorce problems in the Probolinggo community, especially in the village of Clarak Leces District. What are the factors and impacts of divorce in the Probolinggo community, Clarak Village, Leces District, Probolinggo. This research uses a qualitative description research method with data collection, interviews, documentation and in a secondary way, which are literature review through books, journals, reports and internet sites related to the research topic as well as important documents, and primarily, are collecting information, either from the community involved in a divorce in Clarak Village or in KUA and others, or from parties and direct opinions from the local community. The results of this study conclude that the Divorce Phenomenon in Clarak Village Community is still considered high, it means that the problem of divorce, has not been resolved optimally, almost every year there are still those who divorce. Divorce problems in Leces, Probolinggo. are caused by several things, among others; Disharmony at home, moral and moral crisis, adultery, strife, infidelity, boredom, early-age marriage and marriage without love. Divorce does not mean that it only involves both partners who are in trouble but their families also feel that they are in trouble, many of the divorced couples do not think about their respective families or do not pay attention to how and what is happening, especially to their children, when the divorce process will occur or has happened, this divorce is usually preceded by these various conflicts.Key Words : Divorce, KUA Clarak, Moral

An examination of the problems experienced by women during and after divorce and their coping methods

The purpose of this study is to determine the divorce causes of divorced women and the problems they experience during and after the divorce period and their coping methods with these problems. Twenty-eight divorced women participated in the study. The universe of the study consists of divorced women living in the Turkish Republic of Northern Cyprus (TRNC). In this study, criteria-based sampling, which is a purposive sampling method, was used in the determination of the study group. This research was conducted with qualitative data collection technique, and a semi-structured interview form which was developed by the researchers was used as a data collection tool. The interview form which was developed as a data collection tool was given its final version based on expert opinions. The collected data were analysed by means of content analysis. As a result of the analysis of the data, the most important causes for divorce mentioned by women appeared as differences of opinion, lack of interest and financial irresponsibility, whereas the least mentioned causes are age differences and jealousy. The leading problems experienced during the divorce process are psychological breakdown, external interventions and sharing of the property, whereas the least emphasised problems are the failure of the family to give support and failure to divorce due to living in different countries. The most important problems after divorce were listed as the negative viewpoint of the society towards a divorced woman, financial problems and psychological breakdown, whereas the least experienced problems are future anxiety and loneliness. The leading coping with problems method appeared as a social support from family and friends, and the least mentioned method was gaining financial strength. In terms of improvement of responsibility and value perceptions, it is recommended that studies are conducted in the fields of guidance and psychological counselling services and family counselling.
 
 Keywords: Divorced women, divorce process, coping with problems methods

Trajectories of life satisfaction before, upon, and after divorce: Evidence from a new matching approach.

The aim of the current study was to compare changes in divorcees' life satisfaction to changes in a control sample of nondivorcees. Prospective longitudinal data came from 33 waves of the German Socio-Economic Panel Study. Divorcees (n = 787) were propensity-score matched to nondivorcees (n = 1,629) in the year of marriage. In this way, we created a clear starting point and time scale related to different phases of the divorce process. Piecewise growth models indicated gradual declines in the years before divorce, a sudden decline in the year of divorce, and gradual increases in the years after. The matched control sample of people who remained married throughout the study period showed gradual declines in life satisfaction, suggesting that some but not all of the declines found in divorcees were associated with the divorce process. In the year of divorce and the years after divorce, divorcees showed larger individual differences in change as compared with nondivorcees. Time-invariant moderators explained a small amount of variance in divorcees' life satisfaction trajectories. Discussion focuses on the implications of these findings for theory and research on hedonic adaptation during major life transitions. (PsycInfo Database Record (c) 2021 APA, all rights reserved).

Investigating the Relationship between Emotional Divorce, Marital Expectations, and Self-Efficacy among Wives in Saudi Arabia

ABSTRACT Although the family is the core unit of society, any dysfunction in the marriage directly affects the family and, by extension, all of society. One of the divorce processes is called emotional divorce. Given the great effects of emotional divorce on the level of self-efficacy and marital expectations, the purpose of this study was to investigate the relationship between emotional divorce, self-efficacy and marital expectations among women in Saudi Arabia. This study was a comparative descriptive study and the study sample consisted of 258 wives from Saudi Arabia, their age ranged from 26 to 54. The study instruments consisted of the emotional divorce, marital expectations, and Self-Efficacy Scales. The results of the study showed that 77% percent of the sample experienced emotional divorce at moderate-to-severe levels. In terms of employment, employed participants rated themselves to have lower emotional divorce than for unemployed participants, and couples with an age difference of more than 10 years demonstrated a higher level of emotional divorce than those 1 to 5 years apart in age. The result also indicated that there were no differences between the other groups. Finally, findings indicate that emotional divorce may be predicted through both self-efficacy and high marital expectations.

Обязательная предварительная встреча с медиатором как средство эффективного разрешения семейных конфликтов.

The article discusses the effective resolution of family conflicts using mediation. The conditions providing high efficiency of this procedure are determined. The data of psychologists are given that the divorce of parents is a factor that has a negative impact on relationships with adolescents. The empirical data of domestic and foreign studies devoted to the study of divorce processes of couples with adolescent children are considered. It is assumed that it would be expedient to introduce into legal practice in the Russian Federation the suspension of the trial and the direction of the dissolving spouses for a preliminary meeting with the mediator. The advantages and goals of mediation are listed. It is emphasized that due to the obligatory preliminary meeting with the mediator, the attention of the parties will be drawn not only to their own needs, but also to the needs of minors.

PERANAN MEDIATOR HAKIM DAN MEDIATOR NON HAKIM MELINDUNGI HAK-HAK ANAK DALAM PENYELESAIAN SENGKETA PERCERAIAN

Based on Supreme Court Regulation Number 1 of 2016 on the Mediation Procedurel in Court, mediation is a step that must undertaken before the court hearing process. Therefore, it is important to know the implementation of mediation in Semarang Religious Court and Semarang District Court, especially its role to resolve marriage disputes and child custody cases. The question of the study is how is the role of mediators (both judge and non-judge) in the mediation process of divorce and child custody disputes, and how the role of mediators in implementating of children's rights on the mediation process is. Data was obtained through a documentary research and distributed questionnaires to 3 (three) District Court Judges and 2 (two) Semarang Religious Court Judges, and 3 (three) mediators at Walisongo Mediation Centre (WMC). The findings demonstrated that the role of judge and non-judge mediators in the mediation process of divorce and child custody cases was only as a facilitator. The non-judge mediators held more strict principle of not giving advice in order to maintenance of their neutrality than that of the judge mediators. The mediator has implemented their role by conveying and explaining children's rights, encouraging the parties to put forward the best interests of the child, facilitating women disputant to be able to fight for themselves and their children’s interests and needs, and reminding the obligation of both parties to fulfil the needs and the cost of their children’s lives if divorce was undertaken as a final solution.

Discovering of the Divorce Process in Iranian Men Initiator: A Qualitative Study

ABSTRACT Despite the increase in divorce rates in Iran in recent years, research has focused less on its process. To this end, 32 men and women among Iranian divorcing couples in which the man was divorce initiator were interviewed with a purposive and theoretical method. The divorce process revealed itself through coding the interviews based on the grounded theory method in the following four stages: 1) the unexpected start of the marriage; 2) the breakdown of relationship; 3) the surprising divorce proposal; and 4) the legal action. These stages presented a relatively clear image of divorce process of Iranian couples in which the man was initiator.

Iranian students’ attitudes toward premarital sex, marriage, and family in different college majors

Objective This study is performed to examine the attitudes regarding marriage, family, and premarital sex among the students of different majors. Participants: Four hundred fifty-seven students from four majors studying Medical Sciences, Arts, Humanities, and Mathematics/Engineering within the age range of 18- to 24-year old. Method: Participants were selected from different universities in Tehran using stratified nonprobability sampling method. Attitudes of our participants were examined using the premarital sexual, marital, child-rearing, and family attitude Survey and demographic variables, including major, age, gender, religious beliefs, family socioeconomic level, and marital status were evaluated. Results: Most of the results of the survey showed significant differences between different majors. Art students were open to premarital sex more than other students and believed that premarital sex would cause no harm in reputation for females. By contrast, Medical sciences students had the highest agreement regarding the bad influence on the reputation of females because of premarital sex and also regarding men's tendency to virgin girls. Art students mostly approved the acceleration of the divorce process while the highest disapproval in this regard was reported from Medical sciences students. Conclusion: Art students’ beliefs about premarital sex were more liberal, while Medical sciences students’ beliefs in this matter were more conservative.

Experiences of Divorced Women Subject to Domestic Violence in Turkey.

This study examines the experiences of divorced women who were subjected to domestic violence from their former spouses. The purpose of this study includes investigating violence in marital life and post-divorce, coping strategies for survival and external factors that empower/disempower women based on their life experiences. The study uses qualitative research methods. The data are retrieved from qualitative interviews with 13 women who were exposed to domestic violence while they were married and after their divorce. The participants were divorced through either informal or formal divorce procedures. Five themes emerged from the study: how to seek help, the endless circle of violence, divorce and family oppression, coping strategies, and awareness raising. The study shows that, during the divorce process, the participant women became more empowered and adopted better coping strategies than in the pre-divorce period. The study provides an understanding of domestic violence in the post-divorce phase. This research reveals the continuation of partner violence even after divorce.

The Divorce Process and the Meaning of the Experience for a Woman

The Divorce Process and the Meaning of the Experience for a Woman