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Journal articles on the topic 'Proceedings in divorce case'

Author: Grafiati

Published: 24 April 2022

Last updated: 30 July 2025

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1

Walancik-Ryba, Karolina. "Considerations on the Topic of Deciding about the Fault in Case of the Irretrievable Breakdown of Marriage in Divorce Proceedings." New Educational Review 18, no. 2 (2009): 48–55. https://doi.org/10.15804/tner.09.18.2.04.

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The article entitled “Considerations on the topic of deciding about the fault in case of the irretrievable breakdown of marriage in divorce proceedings” deals with the issue connected with the divorce regulations stipulated in the Family and Guardianship Code currently in force. It particularly applies to determining the fault for the irretrievable breakdown of marriage in divorce proceedings. “Looking for persons who are at fault for the breakdown of marriage” is currently a very controversial issue. This article deals with doubts about the relevance of regulations related to the fault for th

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2

Bilyk, Oleksandra. "Issues concerning divorce in European Court of Human Rights case law." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 228–32. http://dx.doi.org/10.36695/2219-5521.2.2020.40.

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The article deals with the case law of the European Court of Human Rights in the context of the individuals’ possibility to dissolveone’s marriage in general and other issues related to divorce.Starting with the case of Johnston and Others v. Ireland (1986) ECHR made it clear that a right to divorce cannot be derived fromArticle 12 of the Convention (Right to marry). The Court stated that drafters of the Convention had no intention to include in Article12 any guarantee of a right to have the ties of marriage dissolved by divorce. On the other hand, in case of F. v. Switzerland (1987)ECHR state

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3

Parisot, Viktoria. "Performing the Bad Marriage? The Transition from a Troubled to a Troubling Family in the Course of Fault Divorce in the 21st Century." Social Sciences 10, no. 12 (2021): 464. http://dx.doi.org/10.3390/socsci10120464.

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Austrian family law stands out in Europe because, in Austria, fault-based divorce is still legally valid. In these divorces, the suing partner attempts to prove in court that the other partner is at fault for the breakdown of the marriage. Thus, proving in court that a relationship is deficient in order to obtain a divorce is a common family transition practice in Austria. In this contribution, I seek to identify the practices that are associated with fault divorce proceedings and look at how these practices are related to normative and legal ideas of marriage. Based on a qualitative multiple

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Rinalti, Rinalti, Syahabuddin Syahabuddin, and Ermawati Ermawati. "Analysis of the Case of Divorce and Its Settlement in the Religious Court of Palu City." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 2, no. 1 (2020): 36–48. http://dx.doi.org/10.24239/ijcils.vol2.iss1.13.

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This paper discusses the cases of divorce and its settlement in the Religious Court of Palu. This study applied qualitative method with the data collection techniques that include observation, interview and written document. Data analysis was carried out through data reduction, presentation, verification and conclusion drawing. The result shows that the divorce proceedings handled by the Religious Court of Palu includes the applicants filed for divorce applications to the Religious Courts. Then, the Religious Courts make a number of lawsuit or application for divorce and file a summons. Furthe

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Korać Graovac, Aleksandra. "Parental Care Following Divorce in the Republic of Croatia." Law, Identity and Values 2, no. 2 (2022): 45–63. http://dx.doi.org/10.55073/2022.2.45-63.

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The author explains family law rules concerning the exercise of parental responsibility (parental care) after divorce in Croatia. The new family legislation emphasizes the importance of encouraging parents to reach agreements and reduce manipulations of their children after divorce. Parents may divorce in simplified, non-contentious proceedings, having previously reached an agreement on their divorce and on how they will exercise parental care. If there is no agreement on the exercise of parental care, they divorce in civil contentious proceedings. In that case, a parent that does not live wit

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6

Mohd Nor, Aishah, Nurhidayah Muhammad Hashim, Nur Ezan Rahmat, et al. "Comparative Analysis of Reconciliation Procedures in Syariah and Civil Courts." Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, no. 10 (2022): e001854. http://dx.doi.org/10.47405/mjssh.v7i10.1854.

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Reconciliation in divorce proceedings has been introduced in family courts in dealing with application for divorce. This study focuses on the functions, the appointment of committees, and the procedures of reconciliation in Shariah courts and Civil courts to compare the practice of laws between Section 47(5) to (17) of the Islamic Family Law (State of Selangor) Enactment 2003 (IFLSE 2003) and Section 106 of the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). This study was conducted through doctrinal and comparative legal research of the existing literature, including academic articles,

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Łączkowska-Porawska, Małgorzata. "Sytuacja prawna małoletniego dziecka, które ukończyło 13 lat, w przypadku rozwodu jego rodziców – analiza z uwzględnieniem badań aktowych." Prawo w Działaniu 44 (2020): 57–89. http://dx.doi.org/10.32041/pwd.4403.

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The article concerns the legal standing of a minor child in the event of his/her parents’ divorce. There are three aspects to be taken into account when speaking about a minor child in a divorce case. First and foremost, the child’s situation prior to divorce and the probable consequences of divorce for his/her future life. Secondly, the status and rights of the child in court proceedings and, finally, the situation of the minor after divorce. The court must also decide whether the divorce is not contrary to the best interests of the child, which is a reason for refusal to dissolve the marriag

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Vanyushina, Olesya V., Yulia A. Krivosheeva, and Alexandra V. Spichak. "Residents of provincial regions in divorce proceedings with adulterous husbands in the second half of the 19th – early 20th centuries." Bulletin of Nizhnevartovsk State University, no. 1 (March 21, 2023): 26–36. http://dx.doi.org/10.36906/2311-4444/23-1/03.

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The aim of the study was to study the peculiarities of the divorce process of women with adulterers both in the central dioceses and on the periphery in the second half of the 19th - early 20th centuries. The results of the study of the issue as a result of the analysis of cases of divorce by the Tver, Yaroslavl and Tobolsk spiritual consistories are presented. Particular attention is paid to the forms of male adultery that existed at that time and the dependence of the probability of ending the case in divorce on their severity. It was found that it was easiest to obtain permission for a divo

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9

Makinara, Ihdi Karim, Jamhuri Ungel, and Fitrah Arrazi. "Physical Handicap as a Reason for Divorce: Case Study at the Sharia Court, Banda Aceh, Indonesia." El-Usrah: Jurnal Hukum Keluarga 6, no. 2 (2023): 318. http://dx.doi.org/10.22373/ujhk.v6i2.7836.

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In the city of Banda Aceh, Indonesia, divorce is permissible in some circumstances including physical infirmities, such as when a husband experiences an erectile dysfunction. Under the Islamic law, divorce is permissible and the woman has the right to initiate divorce proceedings and pursue legal action. This study aims to examine the perspectives of judges at the Banda Aceh Syari'iyah Court regarding divorce cases involving individuals with physical disabilities. This study scrutinizes the practical legal methods employed by analyzing them from the perspective of the Islamic family law princi

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10

Du Plessis, MA. "Divorce: Achieving social justice through clinical legal education." Journal for Juridical Science 33 (November 13, 2024): 24–33. https://doi.org/10.38140/jjs.v33i.8780.

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In achieving social justice, a law clinic has to strike a balance between teaching of students and service to its clients. Divorce, as a simple service case, proves to be a good learning vehicle for students, whilst affording their clients social justice. The different systems of marriage and divorce, both in the past and present, the different divorce courts and litigation methodology are discussed. Bearing this is mind, the question of whether universities are failing in educating students to become lawyers, is analysed and solutions are sought through clinical legal education, using the mod

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Melnyk, O. O. "Separate problematic issues of divorce in conditions of war." Uzhhorod National University Herald. Series: Law 1, no. 77 (2023): 150–53. http://dx.doi.org/10.24144/2307-3322.2023.77.1.23.

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A pandemic, a war, an unstable economic situation - all this leaves its mark on the relationship of married couples. Some overcome crises together and stay married, while others choose divorce for themselves.Applications for divorce from Ukrainians are pouring in from all sides. But the number of official divorces last year halved compared to 2021. For example, in March-December 2022, 11,511 fewer families broke up than in the same period of 2021. This is reported by the Ministry of Justice of Ukraine.Depending on the circumstances, Ukrainian legislation provides that a marriage is terminated

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Qasim, Ilhamuddin. "Analisis Keabsahan Kuasa Hukum Non Muslim: Studi Kasus Perceraian di Pengadilan Agama Bandung." Qonuni: Jurnal Hukum dan Pengkajian Islam 1, no. 01 (2021): 49–56. http://dx.doi.org/10.59833/qonuni.v1i01.184.

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Lack of public understanding of how to proceed in court is an opportunity for advocates as legal advisors. This study aims to determine the role of non-Muslim advocates who handle divorce cases at the Bandung City Religious Court. Research with this qualitative method by conducting observations, collecting data and information about advocates who have proceedings in the Religious Courts. The results of this study indicate that non-Muslim advocates in handling divorce cases at the Bandung Religious Court have limited roles, not all things can be done by non-Muslim advocates when the advocate is

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Qasim, Ilhamuddin. "Analisis Keabsahan Kuasa Hukum Non Muslim: Studi Kasus Perceraian di Pengadilan Agama Bandung." Qonuni: Jurnal Hukum dan Pengkajian Islam 1, no. 01 (2025): 49–56. https://doi.org/10.59833/darrpd06.

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Lack of public understanding of how to proceed in court is an opportunity for advocates as legal advisors. This study aims to determine the role of non-Muslim advocates who handle divorce cases at the Bandung City Religious Court. Research with this qualitative method by conducting observations, collecting data and information about advocates who have proceedings in the Religious Courts. The results of this study indicate that non-Muslim advocates in handling divorce cases at the Bandung Religious Court have limited roles, not all things can be done by non-Muslim advocates when the advocate is

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14

Payne, Julien D. "A Practitioner’s Guide to Spousal Support in Divorce Proceedings." Revue générale de droit 19, no. 4 (2019): 701–34. http://dx.doi.org/10.7202/1058494ar.

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The objective of this paper is to alert Bench and Bar to the cutting edge of tomorrow’s arguments in Family Law. The dichotomy between law in theory and law in action is underlined, and practical hints are offered to lawyers concerning the proper management of a family law file. Substantive legal issues are also addressed with specific regard to current controversies concerning spousal support orders under the Divorce Act, 1985, (S.C. 1986, c. 4). The popular notion that this Act introduced only cosmetic changes is challenged and the significance of the rulings of the Supreme Court of Canada i

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Ilham, Muhammad. "THE IMPLEMENTATION OF PRINCIPLES IN MAKING DIVORCE DIFFICULT AS THE GENERAL EXPLANATION OF LAW NUMBER 1 0F 1974 CONCERNING MARRIAGE IN SERUI RELIGIOUS COURT." JICSA (Journal of Islamic Civilization in Southeast Asia) 9, no. 2 (2020): 172. http://dx.doi.org/10.24252/jicsa.v9i2.18843.

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The purpose of this study was to determine and find out how the application and form of implementation of the principle of complicating divorce cases in the Class II Serui Religious Court. The data sources of this research are divorce case documents ranging from lawsuit/divorce applications, BAS (Session Minutes), and decisions or decisions issued by the panel of judges. This research is qualitative descriptive field research that takes place in Class II Serui Religious Court. The approach used is the juridical, syar'i, anthropological, and sociological approaches. The data collection obtained

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16

Nezha, Kelmend, Nertil Berdufi, and Aranit Qinami. "Implementing Islamic Marriage Rules in National Family Laws: A Case Study of Albania's Legal Framework." European Journal of Social Science Education and Research 10, no. 3 (2023): 19–35. https://doi.org/10.26417/km7pjz83.

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This paper investigates the implementation of Islamic marriage rules within the context of Albania's legal framework, focusing on the intersection between Islamic marriage practices and national family laws. It examines the issue of gender equality in marriage and divorce under Islamic law, with a particular emphasis on protecting women's rights and interests. The analysis begins by considering Islamic Law through a human rights lens, followed by a descriptive examination of Albania's Family Law as a secular state with a Muslim majority. The paper explores how Albanian Muslim couples, who ente

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Sunarto, Muhammad Zainuddin. "Mediasi dalam Perspektif Maqashid Syariah: Studi tentang Perceraian di Pengadilan Agama." AT-TURAS: Jurnal Studi Keislaman 6, no. 1 (2019): 97–115. http://dx.doi.org/10.33650/at-turas.v6i1.573.

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in a marriage relationship, there will must be a conflict between husband and wife, this cannot be denied because each partner has a sectoral ego. The conflict can sometimes be resolved peacefully, but not the least that ends in divorce. The divorce process is arranged, must go through the trial process of the Religious Court with the specified procedural law. The proceedings for a lawsuit in the Religious Court must go through a mediation process between the two parties. Mediation is a way in the process of resolving disputes outside the trial in the presence of a third party tasked with reco

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18

Borovyk, K. V., and M. O. Reznikova. "Problematic issues of divorce in court." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 61–65. http://dx.doi.org/10.24144/2788-6018.2022.03.11.

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The article examines the problematic issues of judicial divorce. Conflicting, contradictory, unresolved issues of legislative regulation of this procedure are identified, which were established on the basis of the analysis of court practice, in orderto improve the mechanism of divorce. Collisions of legal regulation of dissolution of marriage in court procedure are identified. The institution of marital reconciliation and its consequences for the divorce process between spouses are analyzed. Yes, it hasbeen determined that in practice, divorce in legal proceedings is very often used as a «circ

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Abdul Hafizh, Hertasmaldi, and Faisal Efendi. "Legal Case Linking Divorce Proceedings to Development of Schizophrenia: Court's Ruling Number 675/Pd.G/2021.Pa.Pn." WARAQAT : Jurnal Ilmu-Ilmu Keislaman 8, no. 2 (2023): 174–86. http://dx.doi.org/10.51590/waraqat.v8i2.564.

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This article discusses a wife who filed a lawsuit with the Painan religious court. Even though in the Koran it has been explained that it is men who have the right to divorce, but because in this household there has been disharmony and violence because the husband has schizophrenia. The researcher used a liberar sech type of research (literature review). The research information that became primary data was the decisions of judges at the Painan Religious Court, while secondary data came from books, journals and references from laws. The guidelines for writing this research used the book Lukman

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Kurniawan, Adhi, Muhammad Mustolich, ST Nor Hidayati, Nur Sodiq, and Siti Zumrotun. "KEBERHASILAN MEDIASI DALAM PENYELESAIAN CERAI TALAK DI PENGADILAN AGAMA SALATIGA : STUDI KASUS PERKARA NOMOR 353/PDT.G/2023/PA.SAL." USRAH: Jurnal Hukum Keluarga Islam 6, no. 2 (2025): 25–35. https://doi.org/10.46773/usrah.v6i1.1450.

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ABSTRACT Talaq divorce cases in the Religious Courts often become a challenge in maintaining a balance between the rights and obligations of husband and wife and the interests of children. Mediation is an alternative dispute resolution instrument used in the divorce process, including divorce and divorce, which aims to reach a peaceful agreement through the judicial process (litigation). In Supreme Court Regulation (Perma) 1 of 2016 concerning Mediation Procedures in Court, this regulation requires every civil case submitted to court to go through a mediation process first before proceeding to

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Saifullah, Muhammad. "EFEKTIVITAS MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA JAWA TENGAH." Al-Ahkam 25, no. 2 (2015): 181. http://dx.doi.org/10.21580/ahkam.2015.25.2.601.

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Mediation as one of Alternative Dispute Resolution (ADR) is seen as a way dispute resolution humane and just. Humanist because the mechanism decision-making (the peace agreement) become the authority of the parties dispute and maintain good relations. Fair because each party negotiate to option a problem solution from his problem and outputs a win-win solution. Therefore, dispute resolution with litigation is becoming obsolete and people turn to mediation. Through the Supreme Court Regulation (Perma) No. 1 In 2008, mediation has been integrated into the proceedings in the court system. Every c

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Berezin, D., and T. Golikova. "Communicative Tactics and Strategies in Divorce Proceedings: The Legal Linguistic Aspect." Scientific Research and Development. Modern Communication Studies 12, no. 6 (2023): 86–93. http://dx.doi.org/10.12737/2587-9103-2023-12-6-86-93.

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The article investigates the relationship between communicative motives and the process of divorce from a jurislinguistic perspective. The article examines how communicative factors influence the decision to dissolve a marriage.  The aim of the article is to identify the primary communicative motives that lead to the dissolution of marriage and to understand their interaction with the legal aspects of the divorce process. Exploring these interactions can help improve communication in such situations, as well as increase the effectiveness of legal interventions related to marital dissolut

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Widiyanto, Hari, and Muhajir Muhajir. "DIVORCE OF CIVIL SERVANTS WITHOUT SUPERIOR PERMISSION IN MASLAHA ANALYSIS." Jurnal Meta-Yuridis 6, no. 1 (2023): 63–71. http://dx.doi.org/10.26877/m-y.v6i1.12016.

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This study discusses the divorce of Civil Servants without the permission of superiors in the analysis of Maslaha (case study of decision No. 678/pdt.g/2021/PA.Wsb in the Wonosobo Religious Court) which aims to answer the problem of: (1) What is the judge's consideration in deciding a civil servant divorce case without the superior's permission at the Wonosobo Religious Court? and (2) How is the analysis of Maslaha in the determination of case number 678/pdt.g/2021/Pa.Wsb. The method used is a field study. The data sources used are primary data sources, namely sources obtained directly from th

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Latupono, Barzah, Theresia Nolda Agnes Narwadan, and Ferdly Renaldy Lerebulan. "The Indissolubility Principle In Saumlaki District Court Decision Number 21 / Pdt.G/2014/PN.Sml." Batulis Civil Law Review 3, no. 2 (2022): 152. http://dx.doi.org/10.47268/ballrev.v3i2.1016.

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Marriage within the Catholic church recognizes the indissolubility found in Canon 1141, which explains that Catholic marriages are consummatum, unbreakable marriages, cannot be cut off by any human power and for any reason, other than death. The Catholic church is the only religion that strongly rejects divorce and does not acknowledge the effectiveness of court rulings that dissolve the marriage of Catholic couples. This principle provides a consequence for married couples who are Catholic. Divorce is the only way when marital harmony is no more. The concept of divorce between religious teach

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Katamsyah, Johan, and Amin Songgirin. "Judicial Reasoning in Cumulative Divorce and Child Custody Cases Involving Financial Neglect: A Case Study of Decision No. 5139/Pdt.G/2020/PA.Tgrs." Journal of Islamic Law and Legal Studies 2, no. 1 (2025): 26–35. https://doi.org/10.70063/-.v2i1.87.

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This study analyzes the judicial reasoning in a cumulative family law case involving a wife’s petition for divorce and child custody due to her husband’s failure to provide financial support. Using a normative-empirical legal research method, the research focuses on case No. 5139/Pdt.G/2020/PA.Tgrs at the Tangerang Religious Court. The findings reveal that the court acknowledged economic neglect as a legitimate ground for divorce and upheld maternal custody for the underage child based on Article 105 of the Compilation of Islamic Law. The judge’s decision also reflected a balanced approach bet

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Nursyamsiah, Syarah. "Quality Of Public Services In The Religious Court Of Garut Regency In The Covid-19 Pandemic Era." Jurnal Ilmu Sosial Politik dan Humaniora 6, no. 1 (2023): 12–21. http://dx.doi.org/10.36624/jisora.v6i1.92.

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The Covid-19 pandemic is a non-natural disaster that has attacked various sectors, including the economic sector. Economic problems caused a massive recession and impacted the stability of household life. Domestic conflicts arise due to the non-fulfillment of the family's basic needs, leading to divorce. In the end, people flocked to the Religious Courts to register their divorce proceedings. When someone wants to file a divorce trial, they will be met with a service officer. Based on this case, researchers are interested in researching the quality of public services at the Garut Regency Relig

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Diriwari, Wilson, Damfebo K Derri, and Nigeria. "Protecting the Best Interests of Children: A Critical Analysis of Child Custody and Divorce Proceedings in Nigeria under the Child Rights Act 2003." International Journal of Social Science, Management and Economics Research 01, no. 04 (2023): 42–52. http://dx.doi.org/10.61421/ijssmer.2023.1403.

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Purpose: This journal article is to analyse child custody and divorce cases in Nigeria emphasising the Child Rights Act of 2003. Design Methodology/ Approach: This study uses textual analysis including library sources, case studies, and government reports, to examine the difficulties that occur when children’s best interests are not taken into account in the course of custody battles within Nigeria’s legal system. Findings: It is obvious from the findings of this study that the Child Rights Act 2003, protects the rights and welfare of children during divorce processes. Nonetheless, practices a

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Arshiev, B. M. "Child custody after a divorce in Islam and in Russian legislation (comparative analysis)." Minbar. Islamic Studies 17, no. 3 (2024): 659–77. http://dx.doi.org/10.31162/2618-9569-2024-17-3-659-677.

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The article describes the negative consequences that result from the lack of a competent approach to solving the problem associated with determining the right to care for minor children after parental divorce. The main focus is on explaining the most important norms of Islamic family law, and Russian legislation in matters of the right to care for the children in the event of parental divorce. A comparative analysis is carried out between these norms, indicating points of contact and differences. The purpose of the study is to reveal the problem related to the right to care for the minor child

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Shpak, Maksym. "Certain aspects of giving legal aid in the courts of Ukraine in civil process in modern conditions." Problems of Legality 2021, no. 153 (2021): 49–55. https://doi.org/10.21564/2414-990X.153.229448.

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Modern legal and judicial practice is constantly faced with problems of shortage of judges and as a result there is a big amount of unresolved cases in civil proceedings. This trend is observed from year to year. This problem is closely related to the fact that due to the insufficient number of judges in some courts of Ukraine, the process of providing legal aid by different groups of subjects is significantly complicated due to the actual impossibility of implementing proceedings in a particular court. Moreover, in Ukraine there are cases when there are no judges in the courts who have the po

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Tanajewska, Renata. "A ban on contact with a minor child in the presence of third parties. Considerations from the perspective of family law case-law." Studia Prawnicze KUL, no. 4 (June 11, 2021): 121–36. http://dx.doi.org/10.31743/sp.9312.

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It seems that the institution of marriage is experiencing a crisis of trust. As a consequence of the lack of agreement between spouses, the welfare of underage children is suffering. Instead of being the center of attention, they become a part of a marital or post-marital skirmish. The purpose of this publication is to depict the legal situation of minor children in the exercise of parental authority, with particular emphasis on the exercise of contacts with parents. An additional objective is to draw attention to the fact that the child, whose welfare should be a priority in any proceedings,

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Tarikanov, D. V. "Recognition of foreign decrees of divorce in the German legal system." Moscow Journal of International Law, no. 1 (April 29, 2023): 86–94. http://dx.doi.org/10.24833/0869-0049-2023-1-86-94.

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INTRODUCTION. The object of the research consists in the specific procedure of the recognition of foreign decrees of divorce which exists in the German law. The actuality of the object of the research is confirmed by keeping of this procedure during many decades, as well as nowadays, in regard of the recent reform of the law of the European Union about the mutual recognition of decisions in matrimonial matters.MATERIALS AND METHODS. The article is based on the Act of the Federal Republic of Germany of 2009 on Proceedings in Family Matters and on the Family Law Reform Act of the Federal Republi

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Asmuni, Asmuni. "Compensation to Ex-Wives for Domestic Violence in Indonesia." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 11, no. 2 (2024): 271–89. http://dx.doi.org/10.32505/qadha.v11i2.9537.

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This paper examines divorce lawsuits caused by domestic violence committed by husbands against wives, focusing on the rights of women as victims. In such cases, wives can file for divorce and demand compensation for the physical and psychological harm they have suffered. The study employs a qualitative approach with an analytical descriptive method, using the library method to gather and analyze both primary and secondary literature, including legal documents, laws, scientific articles, and case reports. The research aims to identify patterns, challenges, and solutions related to legal protect

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Spichak, Alexandra V. "DIFFICULTIES OF THE DIVORCE PROCESS OF PEASANTS IN THE EARLY 20TH CENTURY (in terms of Tobolsk diocese)." Vestnik of Kostroma State University 30, no. 1 (2024): 45–52. http://dx.doi.org/10.34216/1998-0817-2024-30-1-45-52.

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Based on previously unexplored documents of Tobolsk Ecclesiastical Consistory, stored in the State Archive in Tobolsk, the difficulties that stood in the way of peasants to obtain permission to divorce were identified. The influence of large territories of the Russian Empire, including Tobolsk diocese, on the increase in the duration of office work and, as a consequence, on the aggravation of problems associated with divorce, is revealed. The dynamics of filing petitions for divorce for each decade from 1863 to 1917 is presented, the analysis of which showed that in the early 20th century, pea

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Taylor, Nicola, Robyn Fitzgerald, Tamar Morag, Asha Bajpai, and Anne Graham. "International Models of Child Participation in Family Law Proceedings following Parental Separation / Divorce." International Journal of Children’s Rights 20, no. 4 (2012): 645–73. http://dx.doi.org/10.1163/15718182-55680006.

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This article reports on the findings of a 2009 survey conducted under the auspices of the Childwatch International Research Network about how children’s participation rights, as set out in Articles 12 and 13 of the UNCRC, are respected in private family law proceedings internationally. Court-based and alternative dispute resolution processes and the roles of relevant professionals engaged in child-inclusive practices are considered, as well as religious, indigenous and customary law methods of engaging with children. The findings from the 13 participating countries confirm an increasing intern

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Kincbok, Agnieszka. "DOPUSZCZALNOŚĆ SKARGI KASACYJNEJ ZE WZGLĘDU NA PRZEDMIOT ZASKARŻENIA." Zeszyty Prawnicze 7, no. 1 (2017): 161. http://dx.doi.org/10.21697/zp.2007.7.1.09.

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Admissibility of Cassation Complaint Subject to the Matter of AppealSummaryThe cassation complaint is an appeal from sentences or decisions of courts of the second instance. After more than 40 years the cassation was reintroduced to the Polish civil proceedings by the amendment to the Civil Proceedings Code (CPC) of 1 March 1996. The court which handles cassation complaints is the Supreme C ourt located in Warsaw. The Supreme Court does not consider cases but examines whether the judicial decisions comply with applicable laws.The cassation complaint cannot be filed in all cases. The jurisdicti

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Uppalapati, Madhuri, Kingman Strohl, and Robert Sibilia. "854 Sexsomnia in a Divorce Proceeding and its Custody Implications." Sleep 44, Supplement_2 (2021): A332. http://dx.doi.org/10.1093/sleep/zsab072.851.

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Abstract Introduction Sexsomnia is a NREM parasomnia under the subtype of Confusional Arousals, defined as abnormal sexual behaviors emerging from partial arousals during slow-wave sleep. Case reports suggest that is more common in men. Precipitating factors include Obstructive Sleep Apnea, insufficient sleep, alcohol and fatigue/stress and history of NREM parasomnias. Report of case(s) A 37-year-old male with bruxism (using mouth guard) and anxiety for 7 years, who presented to the sleep clinic for a second opinion to discuss concerns around the safety of his children due to his sleep related

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Salam, Nor. "Mediasi Lokal sebagai Model Utama Penyelesaian Kasus Perceraian Masyarakat Muslim Kalisat Pasuruan." ISLAMICA: Jurnal Studi Keislaman 12, no. 1 (2017): 142–72. http://dx.doi.org/10.15642/islamica.2017.12.1.206-236.

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This article analyzes the background of the legal pattern of the community at Kalisat Pasuruan in making local mediation as the main model to resolve divorce cases. This study uses a socio-legal approach with the Legal System Theory initiated by Lawrence Meir Friedman. This article is based on the emergence of the Supreme Court Regulation on Mediation in order to change the image of the Religious Courts from judicial paradigm to dispute resolution paradigm, including in divorce cases. The mediation in the case is imperative and the denial of mediation process in the court results in the cancel

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Lettmaier, Saskia. "Marriage Law and the Reformation." Law and History Review 35, no. 2 (2017): 461–510. http://dx.doi.org/10.1017/s0738248017000104.

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If a German couple wanted to get married today, they would have to consult the German Civil Code, theBürgerliches Gesetzbuchor BGB, for information on how to do so. From the BGB, they would learn that—provided that they are competent, more than 18 years of age, not related in a direct line or (half-) siblings, and not currently married—they can get married before theStandesbeamteror civil registrar. They would also learn that should they want a divorce in the future, any proceedings would have to be brought in the family court, which is a special division within the German civil courts of firs

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Deteşan, Daniela. "Women in the Court of Justice: Ecclesiastical Justice, Emotions and Sentences in Southern Transylvania at the End of the 19th Century." Anuarul Institutului de Istorie "George Bariţiu". Series Historica 63 (December 3, 2024): 119–38. https://doi.org/10.59277/aiigb/2024.63.07.

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Why should we care about women’s divorce in modern Transylvania? Although it was relatively marginal and difficult-to-measure phenomenon, it is about time to open the floor for an inspiring debate and to take few steps further. Until now remarkably little interest has been devoted to investigate the women’s ordinary life, especially the “rule-breaking family women”. Couples in difficulty usually had recourse to divorce and 528 cases of this type were found in Săliște ecclesiastical archive for the period 1860 to 1890. Women were the plaintiffs 57% of the time and complained of the leaving the

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Kirana, Gandes Candra. "Pembuktian dalam Perkara Perceraian di Pengadilan Agama." Syntax Literate ; Jurnal Ilmiah Indonesia 8, no. 9 (2023): 5025–36. http://dx.doi.org/10.36418/syntax-literate.v8i9.13620.

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Evidence in the Religious Courts uses the System and Evidence Instruments used in the General Court Environment except for matters specifically regulated in the Law on Religious Courts. One of the matters regulated specifically is for the Divorce Process. The main problem in this research is how to prove in Divorce Cases in the Religious Courts? how is the application of the process of proving the Divorce Case in practice in the Religious Courts? The type of research used is Empirical Normative, where the researcher tries to conduct research on secondary data and its implementation in practice

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Anugrah Putri, Devi. "Edukasi Dasar tentang Sebab Kebolehan Mewakilkan Proses Perceraian Kepada Kuasa Hukum." Jurnal Cendekia Media Komunikasi Penelitian dan Pengembangan Pendidikan Islam 14, no. 01 (2022): 74–86. https://doi.org/10.37850/cendekia.v14i01.253.

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Divorce in a marriage relationship is a legal thing according to positive religion and law, but in its implementation it is important to implement some terms and conditions. The purpose of this study is to examine basic education because of the ability to represent divorce to legal counsel according to Islamic law and positive law as well as the similarities, differences and advantages and disadvantages of representing divorce to legal counsel according to Islamic law and positive law. This research method is a literature study with a ushul fiqh approach that refers to the arūriyah theory, som

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Syarifudin, Muhammad Amin, Herwastoeti Herwastoeti, and Dwi Ratna Indri Hapsari. "The Effectiveness of Application Mediation in Reducing Divorce Cases at Jombang Religious Court." Indonesia Law Reform Journal 2, no. 3 (2022): 352–66. http://dx.doi.org/10.22219/ilrej.v2i3.23339.

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The reason for the occurrence of divorce at the Jombang Religious Court is due to several factors, but in how many years the pandemic has increased other factors such as a moral crisis, no responsibility, persecution, biological defects, economic problems, and other factors, jealousy, forced marriage, and no household harmony and underage marriage, divorce is a legal way to deal with marital conflicts under the umbrella of Indonesian law and formalized Islamic law, it is hoped that mediation will be the mediating point of all kinds of divorce issues, Mediation is a process of judicial proceedi

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Shpak, Maksym Volodymyrovych. "Certain aspects of giving legal aid in the courts of Ukraine in civil process in modern conditions." Problems of Legality, no. 153 (June 16, 2021): 49–55. http://dx.doi.org/10.21564/2414-990x.153.229448.

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Modern legal and judicial practice is constantly faced with problems of shortage of judges and as a result there is a big amount of unresolved cases in civil proceedings. This trend is observed from year to year. This problem is closely related to the fact that due to the insufficient number of judges in some courts of Ukraine, the process of providing legal aid by different groups of subjects is significantly complicated due to the actual impossibility of implementing proceedings in a particular court. Moreover, in Ukraine there are cases when there are no judges in the courts who have the po

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Spichak, Alexandra V., Olesya V. Vanyushina, and Julia A. Krivosheeva. "Peasants Divorcing Adulteresses in 1863–1917: Specifics, Difficulties, Results." Herald of an archivist, no. 1 (2023): 262–74. http://dx.doi.org/10.28995/2073-0101-2023-1-262-274.

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The article is devoted to the study of divorce cases initiated by men from the peasant class following adultery of their wives. The study is to identify specifics, common and distinctive features of peasant marriages dissolution caused by female adultery in the second half of the 19th – early 20th century in the Yaroslavl, Tver, and Tobolsk spiritual consistories. The source base is previously unknown archival materials from the State Archive of the Yaroslavl Region, State Archive of the Tver Region, and State Archive in Tobolsk. Documents stored in the state archives indicate the existence of

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Alicja Sokołowska. "Educational prognosis in the case of children from homes broken by divorce." Archives of Criminology, no. XIV (October 17, 1987): 97–114. http://dx.doi.org/10.7420/ak1987c.

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The family, the child's first environment in which his social traits are formed, is imposed upon him and all it is able and wants to offer him is given to him without his consent, choice, and frequently awareness. The parents or persons who replace them decide for the child and organize his existence in his interest in the early stages of his life, and hand down to him the norm sand values according to their own consciousness and beliefs. All of their activities, aimed at the child and at other persons or things as well as their way of perception of and reaction to outer factors, constitute th

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Didenko, L. V. "General characteristics of marital and family legal relations and their termination under the legislation of Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 79 (2023): 182–86. http://dx.doi.org/10.24144/2307-3322.2023.79.1.31.

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The family is the oldest mechanism on earth, and it occupies an important place in human society. Throughout human history, strong families have been a guarantee of stability in society. Getting used to family life is not an easy process, conflict situations arise in it. However, all these «pitfalls» can be overcome with the joint desire of the spouses, and in the worst case, the marriage can be terminated during the life of the spouses by breaking it off (divorce). The destruction of the family has always been associated with the socio-legal problems of divorce. They were interesting fo

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Tütüncüler, Akın, Erdal Özer, Yaşar Mustafa Karagöz, and Fatma Yücel Beyaztaş. "Evalution of Femicide Cases Committed Between the Years 1996–2005 in Antalya." OMEGA - Journal of Death and Dying 71, no. 2 (2015): 198–210. http://dx.doi.org/10.1177/0030222815570600.

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Criminal death incidence of women varies between developed and developing countries, and it has become a common public problem in almost every country. We do not have any data about femicide cases published in Turkey until today. In our study, we tried to call attention to femicide cases. In our study, we evaluated 141 cases of female homicides with an interval of 10 years between January 1996 and May 2005, retrospectively. Data retrieved were statistically evaluated using chi-square test. Most of the cases were between 21 and 35 years of age. Spouse murders are usually witnessed during the pr

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Bukido, Rosdalina, Fitriani Lundeto, and Yasin Yasin. "The Effectiveness of the Relaas Call in Settlement of Divorce Cases in the Religious Courts." Al-'Adl 14, no. 1 (2021): 44. http://dx.doi.org/10.31332/aladl.v14i1.2167.

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Relaas call is one of the most important instruments in court proceedings. Without a call, the presence of the parties in the Court has no legal basis. Relaas Summons in the Civil Procedure Code is categorized as authentic deeds. Relaas did not convey to the parties in the litigation. The Respondent did not know about the trial schedule and the claim him, which resulted in the Respondent or Defendant losing the right to answer or defend himself against the plaintiffs' demands or the applicants. This study examines the Relaas summons' effectiveness through the Kelurahan in divorce cases at the

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Khadijah, Siti, Hariman Hariman, Renata Renata, and Sufiarina Sufiarina. "INTEPRETASI HAKIM DALAM MEMUTUS PERKARA PERCERAIAN BERDASARKAN ALASAN “PERTENGKARAN SECARA TERUS MENERUS DAN TIDAK ADA HARAPAN UNTUK HIDUP RUKUN LAGI"." Indonesia Journal of Business Law 4, no. 1 (2025): 9–20. https://doi.org/10.47709/ijbl.v4i1.5353.

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This study examines judges' interpretations in deciding divorce cases based on the grounds of “continuous disputes” and “no hope of living harmoniously anymore.” These reasons are often used as legal bases by plaintiffs or defendants in divorce proceedings in Indonesia, as stipulated in Article 39 paragraph (2) of Law Number 1 of 1974 on Marriage and Article 19 letter (f) of Government Regulation Number 9 of 1975. The study aims to analyze how judges interpret these terms within the context of law and facts presented during trials. The research specifications used in this study are descriptive

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Mujuzi, Jamil Ddamulira. "Separating the Church from State: The Kenyan High Court's Decision in Jesse Kamau and 25 Others v Attorney General (Judgment of 24 May 2010)." Journal of African Law 55, no. 2 (2011): 314–19. http://dx.doi.org/10.1017/s0021855311000167.

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AbstractSection 66 of the 1963 Kenyan Constitution established the Kadhi's courts with the jurisdiction to determine “questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion”. 26 Christians petitioned the High Court and argued that section 66 was unconstitutional because it, inter alia, violated the principle of separation of Church and state. The court found in their favour and held that Kenya is a secular state, that section 66 violated the doctrine of separation of state and Church, and that it

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