What legal sense of the concept “ divorce “ or the Declared war of
Divorce in consciousness of many people (absolute majority as it seems to me) is a certain transitional moment from a condition of peaceful co-existence to a state of war. Once close people, and it is frequent also relatives of already former spouses, start conducting military operations, destroying and killing all that good that remains after parting. Wars are waged cruel, at the same time anybody gets mercy - the relations break, children suffer, bile tons stream, the rivers of tears, and sometimes and the most real blood flow.
What includes concept of that “ divorce “ around which such serious passions so often storm?
The family legislation does not give us exact and clear definition of the term “ divorce “. The law speaks only about divorce, that is, about the termination of earlier official union which is once concluded “ forever “ between two loving people. Usually these two are persons of an opposite sex, but violently developing legislation and initiatives of some deputies can soon change a situation.
Divorce is the same official procedure, as well as the conclusion of the marriage union by means of which the state controls certain moments in life of society. Divorce - concept household. Disperse and go on life everyone in the way couples living in civil, not issued officially, marriage can as the people living in official marriage (having dissolved this marriage in the order established by the law), and (having just decided to leave).
Anyway official marriage or cohabitation - a state voluntary. For someone is voluntary unfreedom. And someone and in marriage can remain free, and too voluntarily.
Voluntariness of marriage assumes also freedom of divorce. One of expressions of this freedom is divorce by a mutual consent of spouses, and in the absence of a consent of one of spouses - impossibility to refuse to court divorce if other spouse insists on his cancellation. The law limits the right for divorce only in one case - the husband is forbidden to impose requirement about divorce during pregnancy of the wife and within one year after the child`s birth.
One more nuance - the actual termination of the matrimonial relations without appropriate registration of divorce does not attract the termination of marriage, couple still is matrimonial with all that it implies from this fact legal and not legal consequences.
The law gives unlimited opportunities and a scope to free will of spouses, the frictionless solution of the questions connected with divorce and divorce and only in the most difficult cases and responsible situations business is subject to consideration in judicial authorities.
Besides, the law does not allow intervention any “ arbitrator “ (in the person of relatives or “ sympathizers “) in adoption of decisions by spouses. Divorce, I will repeat, business voluntary, and the decision to live separately is accepted by already adult and independent people who bear responsibility for deeds. And any controversial issues can (and have to!) to be solved only by mutual arrangements and concessions. The conflicts happen, in my opinion, from - for elementary nonsenses of the people who are not able to agree.
Besides, according to the law, spouses after divorce become persons absolutely foreign each other, family relations between them stop. To make some personal demands to the former spouse, to offend him, to gossip, trying to expose him in light from the bad party - occupation not only silly and unworthy from the point of view of the same public morals (however, morals - it at everyone the), but also contradicting the law.
Why all - these wars are waged? Why so often spouses cannot quietly leave also advantage? I do not know exact answers to these questions. Perhaps, in consciousness of people norms of notorious public morals which are not always understood truly are very strongly pressed. If divorce, then always someone has to be guilty. And time is guilty - means, receive!
Often the initiative of conducting military operations is undertaken by relatives and friends. Sometimes, without being interested - whether it is necessary for someone, except them. Why? Perhaps, with boredom. In life there is nothing interesting, and in such a way “ well-wishers “ try though somehow to fill the worthless life.
Why everything is so primitive?! Why surely someone has to be guilty? Everything that occurs around people - it is life which does not suffer any standards and dogmas. Everything happens, and often happens that people disperse and at the same time remain friends, and even have to each other the most warm feelings.
Yes, the love left. But there was a lot more good. Let`s store this good. Let`s remain people!