Family Law

Family Law

            Everyone has their own opinion of what family is and what makes up a family. Although the answers to the question may vary from one person to another, there would be a similarity. Family is described as a group of people with common ancestry, under one head, and one roof. Also, a family may be described as a unit of society typically made up of two parents with children. A family is characterized by daily interaction and the provision of daily needs to children (Sharma, 2013).

The definition of a family union has dramatically changed within the past 50 years due to changes in societal values. Consequently, things that were previously considered unethical 50 years ago are now being practiced in the open air. These practices include becoming parents without marriage and same-gender marriages. Today, they are widely accepted by society, and eradicating them would cause a stir in society (Sharma, 2013). According to Natalie, families have grown to become more diverse than the way they were half a generation ago. Other factors that contribute to diversity include race, religion, and ethics. The population of blacks marrying whites, religious people marrying atheists, men, and women marrying people of the same gender, are increasing rapidly. Also, single people today live alone and consider themselves as a family. Such kinds of families were unheard of a few years ago (Pearce, Hayward, Chassin, & Curran, 2018).

How marriage is a contract with the state.

It is a common belief that the union of two people, no matter what race, religion, and or sexual orientation, is a commitment to each other to love, cherish, and protect each other through all that life has to offer, whether good or bad. This commitment is sealed in what we traditionally consider marriage. While many argue that one does not have to sign a piece of paper to fulfill all these items, it is quite common that the state will not recognize the union under the law if it is not completed. Many argue that marriage is a public institution, and all ceremonies associated with it should be made (Bix, 2003).

The importance of marriage has been integrated into society, the national policy, and the law in general ever since the United States of America was founded until today. The judiciary has adopted and enforced the preferred model of marriage, a lifelong monogamous marriage derived from Christianity, which places the man as the sole provider of the family and the woman as the dependent. The federal government, in the past, influenced the shape of marriage by their intervention in the federal income tax and welfare programs and by confronting slaves, immigrant couples, polygamists, and Native Americans. Despite the legal and social changes that have taken place at the ending of the twentieth century, it has not officiated the reliance on marriage as a pillar of the state (Bix, 2003).

Although there is an active link between the government, society, and marriage, it is not possible to determine which elements will play a part in determining the decision for couples to marry. The government is fully involved in marriages through taxes and deductions, and this may discourage some from entering a legal marriage because of these policies.

Rights that are conferred by marriage

I would like to believe, as I stated above, that the decision of two individuals to enter what many consider to be a sacred pact, is for the simple reason to have the ability to spend the rest of one’s life with someone who will love, cherish, and protect them during the good and bad times.  Nevertheless, it is with this union that spouses receive many benefits and so-called rights. Other than the benefit of having someone who will be there to help us overcome the obstacles we will face, the government also provides benefits, which are not available to those who decide not to unite in this form, tax, employment, and medical benefits.

Tax benefits are probably the number one reason individuals marry since the tax deductions are greatly enhanced in comparison to filing as a single person.  The ability to deduct expenses and provide a greater charitable contribution is just but a few.  Marriage also protects the couple’s estate in the eyes of the IRS, since being married can help a wealthy person protect the assets he leaves behind when he dies. Under federal tax laws, one can leave any amount of money to a spouse without generating estate tax, so this exemption protects the deceased’s estate until the spouse dies (Stimpson, Wilson, & Peek, 2012).

Employment benefits are also provided to individuals who are legally married in comparison to those who are not.  The ability to obtain Health Insurance from a partner’s employer, taking family leave and medical leave when a partner is sick or injured, and receiving wages and or benefits when a spouse becomes deceased are but a few (Stimpson, Wilson, & Peek, 2012).

Being in a marriage gives the couple the right to open joint bank accounts, which can be used for long-term projects. Also, the couple gets to have a marriage, health, and liability insurance. Upon the death of a spouse, one is entitled to receive the Social Security of the deceased, pension, and worker’s compensation. If unnatural causes caused the death of the spouse, one is given the right to sue for the wrongful death of the spouse, which may result in bringing those responsible to justice.

A couple may be allowed to live in neighborhoods that are set aside for families only. These estates often have facilities that may be beneficial to spouses and a favorable environment to raise kids. Also, parents do receive discounts and permission to use certain school facilities that are not available to everyone. Sometimes stores offer special discounts and incentives only to married couples (Stimpson, Wilson, & Peek, 2012).

Medical benefits come in many forms for those who are legally married.  Such benefits include visiting one’s spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility, or when making medical decisions when one’s spouse becomes incapacitated or unable to express their wishes for treatment (Stimpson, Wilson, & Peek, 2012).

The process of ending spousal relationships and challenges that may occur as a result of ending the relationship.

We all want to believe that some things last forever, and sometimes they do, yet when it comes to marriage most often than not, things will become complicated, and the individuals may decide to part ways. When this happens, we are afforded several legal ways to end our union.  Legal separation is where both parties decide to live apart for an unspecified amount of time and try to work out their differences.  Annulment, were one or both parties contest the legality of the marriage, or dissolution of marriage, the most common, were the parties decide to part due to unrecyclable differences, are but a few, yet they all have challenges attached to them  (Scott, Rhoades, Stanely, Allen, & Markman, 2013).

Instability is probably the biggest challenge facing those that are found to be at the end of a divorce.  Some of the things that couples do take for granted when they are getting married may be the cause of the biggest challenges during the marriage. Issues such as financial hardship, housing, and subsistence are but a few. Having to start over after living in a secure and financially stable environment will overcome many and will sometimes lead to despair and unhappiness (Scott, Rhoades, Stanely, Allen, & Markman, 2013).

Distribution of property is also a factor that many might have to consider when ending a relationship. While it might be easy to determine the property that was acquired before the union, the challenge is what each will take after the divorce.  While laws are set in place, and courts will determine what each party is entitled to, not many persons have the financial ability to hire a Divorce Attorney to represent them, and they fall into the mercy of the court (Scott, Rhoades, Stanely, Allen, & Markman, 2013).

Custodial right to minor children in a divorce is by far the most significant challenge I believe will be faced by those who decide to end their union for one reason or another.  Unfortunately, it is the children who suffer the most when people divorce, and many articles and books have been written on the adverse effects of divorce on children, many of whom will eventually divorce themselves.

References

Bix, B. (2003). State Interest and Marriage–The Theoretical Perspective. Scholarship Repository University of Minnesota Law School, 32. Retrieved from http://scholarship.law.umn.edu/faculty_articles/240

Pearce, L. D., Hayward, G. M., Chassin, L., & Curran, P. J. (2018). The Increasing Diversity and Complexity of Family Structures for Adolescents. Journal of Research on Adolescence, 28(3), 591-608. doi:10.1111/jora.12391

Scott, S., Rhoades, G., Stanely, S., Allen, E., & Markman, H. (2013). Reasons for Divorce and Recollections of Premarital Intervention: Implications for Improving Relationship Education. Couple & family psychology, 2(2), 131-145. doi:10.1037/a0032025

Sharma, R. (2013). The family and family structure classification redefined for the current times. Journal of Family Medicine and Primary Care, 2(4), 306. doi:10.4103/2249-4863.123774

Stimpson, J. P., Wilson, F. A., & Peek, M. K. (2012). Marital Status, the Economic Benefits of Marriage, and Days of Inactivity due to Poor Health. International Journal of Population Research, 2012, 1-6. doi:10.1155/2012/568785