The topic of family and marriage has existed for many years throughout history. In history, the role of the family unit was to provide care for the family members. The family was responsible for performing several functions within the home and supporting others within the home. However, the roles and the composition of the family in the past few years have gone through several changes. Marriage has also gone through several changes based on the laws and rights surrounding it. The issue of divorce has also become an issue that needs to be discussed in the modern family unit and marriages. The understanding of the operation of the family unit and marriages can be understood through a definition of the family unit, analysis of marriage as a contract with the state, analysis of the rights and benefits of marriage, and analysis of the procedure and challenges of ending a spousal relationship.
Summary of the Definition of a Family
The general definition of family can be stated as a group of people that are affiliated by marriage, birth, sharing of residence, or an individual or group of people that wants to refer to themselves as families. The legal definition of family will include a definition of legal bounds that are based on marriages, guardianships, and adoptions where one can obtain rights, duties, and obligations as a result of the contract. Many people believe that the family should have the basic components of a husband, wife, and children (Powell, 2017). Based on this observation, there can be different types of families. A nuclear family involves parents and children living in the same house and they have a close bond. An extend family would have the parents and children along with other relatives that are living together such as uncles, aunts, and grandparents. The traditional is the classic sense of a family which has a father working outside and the mother remains at home to undertake family duties and to rear their child. The traditional family has evolved with the modern culture requiring that most parents work. There have also been several changes in the definition of families with the introduction of same-sex marriages, divorce, and remarriages.
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Marriage as A Contract with the State
Marriage can be described as a contract with the state since it is the individual state and not the federal government that describe the specific details that are required for the contract of marriage to be held as legal. The states can establish the individuals that should be married, the individuals that should not be married, and what age people can get married. The legal steps that parties must undertake so as to get married and the legal rights and duties that are involved in the contract of marriage are usually established by the state (Griffin, 2017). All states have an official act which establish a marriage and thus authorize a specific group of people to be observed as married.
The definition, rights, and requirements of marriage in the United States thus vary from one state to another. The topic of marriage has not been well-established in the constitution. The ruling by the Supreme Court is thus that states permitted to reasonably regulate the individuals that should be married and under what conditions the marriage can be disbanded. However, the states cannot prohibit marriages for reasons that may observed that are illegitimate and invalid. For instance, the denial of interracial marriages could be unconstitutional. Marriage thus involves two partners entering a legal contract. However, in the event that they may require to no longer be married, this can be achieved through a dissolution otherwise known as a divorce. The contract of marriage can be dissolved through the courts.
Rights and Benefits Conferred by Marriage
Two people that enter the marriage contract are usually provided certain rights that are provided by the federal, state, and legal laws. Field and Meyer (2018) observe that married individuals are set to enjoy several social benefits. This could be available through government benefits such as the provision of social security, disability benefits, and Medicare for one’s spouses. For instance, veterans that receive military benefits such as education, special loans, and medical care will have those benefits extended to their spouses. The benefits could also be accorded to their children.
There can be financial benefits as a result of marriage. Couples can file a joint income tax returns through the state taxing authorities and the Internal Revenue Service (IRS). A family partnership can be created through the federal tax laws and this enables the couple to divide the respective business income among the respective members. The other financial benefit is that of having the right to share all of the marital property that was income accrued and acquired throughout the marriage. There can also be employment benefits that come about as a result of the marriage. One could receive wages, worker compensation, and the retirement benefits in the event of a deceased spouse. There could also be insurance benefits from one’s employer and a family leave so as to take care of a spouse or another family member in case of an illness within the family.
There are also medical benefits as a result of marriage. The medical benefits allow one to visit their spouse during an intensive care or in case of restricted visiting hours. The spouse may also be required to make medical decisions on behalf of the spouse in case one of the spouses becomes unable to make critical decisions by themselves. Insurance companies can also provide death benefits, family benefits, and estate planning benefits that usually extend to the other couple. As the couples enjoy these benefits, they are expected to respect each other and to treat each other with respect. The couple may be required not to lie to each other about the finances or manipulate the other spouse so as to marry them.
Ending Spousal Relationships
The process of ending spousal relationship can be referred to as an annulment, dissolution, or a divorce. While these terms can be used interchangeably, they can have different meanings. Annulment involves the declaration of a marriage null and void while a dissolution refers to the legal action of terminating the contract of marriage that could be uncontested. Divorce would involve a legal process that is contested by both parties and it is mostly a difficult process for both parties. The process of the divorce begins with filing for divorce petition which is done under the advice of a family attorney. The next step will involve having the other party notified that the other party desires to end the legal marriage. The other party would have to file for a complaint and this would lead to contesting of the divorce. Some states would require that both parties can privately negotiate a separate agreement which reflect their mutual decision about the property that should be divided (Schubert, 2012). The contested divorce will require several procedures and would take some time. Once the decision about the divorce has been arrived at, a publication would be published in the local newspaper regarding the decision arrived.
There can be critical financial challenges as a result of the dissolution of a mirage. The marriage contract observes that the property that has been acquired throughout the marriage should be shared as marital property. This can create several challenges where in the event of divorce will result in challenges in sharing the property. While there are states that allow for an equitable division of the property where the property is divided equally among the partners, other states may observe for a different approach to ensure that there is an even division.
The challenge that can occur through the process of the divorce is the custody of the child and financial commitments that would be required. Schubert (2012) identifies that the procedure for ending spousal relationships are permitted by a court that can insure a temporary support order once a divorce has been initiated. The temporary support order would require that one party to pay for another that is economically dependent for child support.
The process after the divorce can also be a difficult time for both parties and their children. Both partners may go through a difficult process of healing and this could result in mental illnesses such as depression. Single parenting can also present several challenges. The children may find it difficult to cope up with the divorce. The children may grow up bitter against one or both parents. The financial responsibilities that come with single parenting can also be difficult.
In conclusion, the modern family unit has undergone several changes and this can be understood through the definition of the family, the marriage contract, and the process of ending the marriage contract. The family unit was identified to involve two parties living together either through an agreement or marriage contract. A marriage contract involves laws set by the state and both partners can enjoy several benefits and rights. The process of ending spousal relationships should be decided by the courts and can result in several challenges as a result of separation of wealth, child support, and supporting the children.
References
Feld, S. L., & Meyer, J. A. (2018). Evidence Required to Know Whether Marriage Promotion Increases Other Social Benefits. Journal of Family Theory & Review , 10 (4), 785-795.
Griffin, L. (2017, May 10). Marriage Rights and Religious Exemptions in the United States. Oxford Handbooks Online.
Powell, B. (2017). Changing counts, counting change: Toward a more inclusive definition of family. Journal of the Indiana Academy of the Social Sciences , 17 (1), 2.
Schubert, F. A. (2012). Introduction to law and the legal system . Cengage Learning.
