A Position Paper
in favor of Divorce
A divorce is a legal proceeding filed by married couples to
end their marriage. It is also known as “dissolution of marriage,”
and basically means that the marriage is ended in court before
either spouse passes away. The divorce is used to end the marriage
between the parties. In order to accomplish this, the parties and
the court need to settle the issues of custody and placement of
the minor children, property division, and debt division. State
laws assume that each party is responsible for one half of the
marital debts and has the right to one half of the marital
property. Non-marital property is anything that one party
inherited or was given to just one party by a third party. If it
was kept separate, it will stay with that party after the divorce.
In any legal proceeding, individuals are always permitted to
represent themselves. You will be referred to as a “pro se
litigant” if you do this. However, it is preferable to work with
an attorney If there are serious concerns about the children,
property, debts, or spousal support. Only one of the parties can
be represented by the attorney. Perhaps, it’s surprising that there
are still two countries that do not agree with divorce because of
it's religious beliefs. One of only two countries In the world
where divorce is still illegal is the Philippines, where
approximately 80% of the population is Roman Catholic. Vatican
City is the only other nation where divorce is still illegal.
Divorce should be legalized in all countries around the world
no matter what the people there believe when it comes to divorce.
It is the right of every citizen to be freed from an irreconcilable
union. It is the right of everyone to be freed from the abusive
situation they are suffering from. If you’re stuck in a marriage
that’s unhealthy, dangerous, or toxic, you need to get a divorce.
The health risks of remaining in an unhealthy relationship have
been the subject of numerous studies. At the very least, the event
of a marriage ending is characterized by disappointment and the
loss of dreams and expectations. Additionally, there are legal,
financial, emotional, and practical difficulties that necessitate
shifts in responsibilities as well as time and effort. Regaining
equilibrium can take years for some individuals. However, divorce
has significant emotional and legal implications. Along with
financial turmoil, infidelity has long been a leading cause of
divorce. However, a significant addition to that list is the search
for emotional closeness, which is one consequence of liberalized
attitudes toward divorce. Today, people have high expectations for
relationship fulfillment.
Lagman (2020) Divorce is necessary because the current
options under the Family Code—legal separation, annulment of
marriage and declaration of nullity—do not give complete reliefs
to qualified parties. Legal separation only grants separation “in
bed and board” but does not grant severance of marriage bond, while
annulment would allow remarriage only on grounds prior to or
simultaneous to the solemnization of marriage.
Kana Takahashi (2019) Just like annulment, legal separation,
just like any legislation that has been passed by the Congress,
there are grounds. So it won’t be, couples won’t get divorced just
because I want another man, or my dad wants another woman. That’s
not the case. We have grounds, we have rules to follow, we have
the law to follow. Sexual orientation doesn’t affect the
dissolution of a marriage.
House Bill 7303 (2018) aims to make divorce more accessible
to a wider range of couples seeking liberty from irreparable
marriage. It provides that the “State shall assure that the court
proceedings for the grant of absolute divorce shall be affordable
and inexpensive, particularly for court assisted litigants and
petitioners. The proposed measure also pushes for a pro-women
legislation as the bill notes that in most cases of irreparable
marriages it is the wife who is entitled to liberation from an
abusive relationship. The status of the children of divorced
couples also takes precedence. A joint petition for divorce should
include a plan for parenthood that details support, parental
authority, custody and living arrangements of the common children.
For the legitimate and adopted children of divorced spouses, they
will retain their legal status after the petition for divorce is
granted. A child born or conceived within 300 days after filing
for divorce is also considered a legitimate child, except when the
basis for divorce is marital infidelity of the wife.
In conclusion, it takes courage to begin the process of
splitting up, as divorce is as much an emotional as it is a legal
process. Waves of self-doubt may affect one partner or both. To
resolve the inevitable disagreements and disappointments, both
require a variety of skills. Two people must come to terms with
the end of a relationship, establish emotionally and typically
financially independent lives, and put the relationship in the
past during a divorce. It is essential to comprehend and accept
the part that each partner played in the breakup of the
relationship. Divorcing partners frequently benefit from
establishing engagement rules that restrict contact. A
professional counselor outside perspective can be especially
helpful. It becomes possible—and necessary—to incorporate a richly
nuanced story of the relationship, its failure, the divorce, and
the emotional growth that follows into one’s identity as the
emotional turmoil eventually abates. To mark the end, many ex-
partners find it helpful to engage in some sort of ritual, such as
exchanging letters or gifts, to acknowledge their past together
and prepare for their future apart.
References:
Should We Legalize Divorce? (2018)
https://www.manilastandard.net/opinion/columns/about-town-by-
ernesto-m-hilario/317833/should-we-legalize-divorce.html
Should Divorce be Legalized in the Philippines? (2019)
https://news.abs-cbn.com/news/09/24/19/should-divorce-be-
legalized-in-the-philippines
Legalizing divorce in the Philippines: What you need to know?
(2018)
https://www.philstar.com/headlines/2018/03/20/1798661/legalizing
-divorce-philippines-what-you-need-know
