Family

Family is a single word, with many different meanings. People have

many ways of defining a family and what being a part of a family means to
them. Families differ in terms of economic, cultural, social, and many other
facets, but what every family has in common is that the people who call it a
family are making clear that those people are important in some way to the
person calling them his family.
Definition of Family
The dictionary defines family in several ways. One definition is "a
fundamental social group in society typically consisting of one or two parents
and their children." While this definition is a good starting point, there are
several modern family structures that are excluded by this definition, such as
childless couples or other variations on the family unit. Another definition is
"Two or more people who share goals and values, have long-term
commitments to one another and reside usually in the same dwelling." This
definition encompasses the vast majority of modern family units; for the
purposes of this article, the second definition will be used.
What Makes a Family?
You may have noticed that the families of classmates at school or
among your friends can be very different from yours. But the basic
similarities are that members of a family usually live together. They might
disagree or argue, but they are closely bound by their love and concern for
one another.
Some families have one parent either a mom or a dad. Some have
both a mom and a dad. Others have two moms or two dads. If two parents
get divorced and remarry, you may be seeing double there can be two
moms and two dads!
Some children live in families with foster parents, who care for them
when their biological parents cannot. And there are parents who follow a
legal process to adopt, or choose, children they then raise as their own.
When adults getting married already have children, then the marriage joins
not just two individuals but also two families into a new family unit. We call
1

these new families "stepfamilies" or blended" families because they

represent a new blend of family members who were already part of other
families.
In a stepfamily, the parent not biologically related to a child is called a
"stepparent" (for example, stepmother or stepfather). If both parents have
prior children, these children are stepbrothers and stepsisters to each other.
As many of us know, a family isn't limited to simply parents and
their biological children. The word family" is a big word that encompasses
many other types of loving and guiding relationships.
Family members are often close and feel they can depend on one another for
caring guidance and support. Whether it's grandparents, aunts and uncles or
even close friends who make up a family, what is important is the love or
common interests that bind them together.
Regardless of biological relationship, you may be a part of several families."
Your school classmates may be a family to you. Your soccer team may be a
family. Your fellow Boy Scouts or Girl Scouts may be a family, too.
Love Makes a Family is a museum-quality traveling exhibit including
photographs and interviews with families that have lesbian, gay, bisexual,
and transgender (LGBT) members. Through first-person accounts and
positive images, this exhibit seeks to challenge and change damaging myths
and stereotypes about LGBT people and their families.
Love Makes a Family can help prevent bullying behaviors and
discrimination. By encouraging people of all ages beginning in early
childhood to affirm and appreciate diversity, this traveling exhibit
contributes to the process of dismantling the destructive power of prejudice
and intolerance. Love Makes a Familys mission is to make the world a
safer place for all people.

The Nature of Family

A friend brought my attention to a fascinating article about parenting
from an evolutionary perspective. Certain kinds of politicians and religious
leaders often tell us that societys problems result from the breakup of the
family, but what is this ideal family formula that we should stick to? The
modern ideal still seems to be the nuclear family consisting of a mother, a
2

father, two children and a dog but is there any rationale behind this grouping
or are we just drawing arbitrary lines and declaring that one size fits all?
Some commentators might say that the nature of the family has changed in
modern times but is the diversity of family models apparent today anything
new?
Sociobiologist Professor Sarah Blaffer Hrdy of the University of California at
Davis argues that alloparents have a significant role to play in the raising of
a child. An alloparent is an individual who takes care of the child while the
mother is away seeking food or also one who brings sustenance for the child.
An all parent may be of either sex and may be related or unrelated. In this
way, raising a child becomes an endeavor which involves a whole community
of adults who all contribute to or take care of the childs welfare. Professor
Hardy believes that this may be the reason why humans have developed to
be so hyper social. As the child learns to interact with and seek attention and
care from a variety of adults, it learns to empathize and cooperate. One
other advantage is that the child can still be cared for if either parent or even
both are absent for some reason.
Evidence from other species seems to support this idea. Marmosets
also adopt this model of cooperative breeding and they display similar
behaviours to humans in many relevant ways. A marmoset adult will
voluntarily offer highly valuable nutrition dense foods to an unrelated child.
Among primates, humans, marmosets and tamarins are distinct in the fact
that mothers from these species will abandon a child if they do not have the
necessary support network. Examples of this behaviour in humans can be
seen in societies where access to either birth control or alloparental support
are lacking. Hrdy suggests that the need to access support networks could
explain why it is that a young family may be patrilocal (staying with the
husbands family) or matrilocal (staying with the mothers family).
I found all of this pretty compelling food for thought. Professor Hrdy
initially starting looking into this topic as a possible motivation for
cooperative behaviour in humans. Previous research had suggested that war
could be one explanation for the hypersocial nature of human beings, but
this did not explain why chimpanzees who also have lethal intergroup
fighting have not developed the social nature of humans. It also sends a
reassuring message to the parents and caretakers of today: It doesnt matter
whether you are a single parent, grandparents, a same sex couple or a foster
family, what matters is that the child is part of a loving community where it

is cared for and looked after. As the saying goes, it takes a village to raise a
child.

There is no such thing as a "broken family." Family is family, and is not

determined by marriage certificates, divorce papers, and adoption
documents. Families are made in the heart. The only time family becomes
null is when those ties in the heart are cut. If you cut those ties, those people
are not your family. If you make those ties, those people are your family. And
if you hate those ties, those people will still be your family because whatever
you hate will always be with you.
C. JoyBell C.

Functions of Family

7 Important Functions of Family (1698 Words)

Some of the important functions Of family Are As Follows:

Family is the most universal and fundamental social institution which

performs a variety of functions in human society. Different sociologists have
viewed or classified the functions of family into different types.
Famous Sociologists like Ogburn and Nimkoff have classified functions of
family mainly into six types such as:
(i) Affectional (ii) Economic functions (iii) Recreational functions (iv)
Protective functions (v) Religious functions and (vi) Educational functions.
Another famous sociologist K. Davis have classified the functions of family
into four main divisions such as (i) Reproduction (ii) Maintenance (iii)
Placement and (iv) Socialization of the young. Davis calls these as social
functions and opines that family also performs some individual functions
which are a corollary of its social functions.

Similarly Goode classified the functions of family into five different

types such as (i) Procreation functions (ii) Socioeconomic security functions
4

(iii) Status determination functions (iv) Socialization functions and (v) Social
control functions. Similarly Prof. Lundberg enumerated four basic functions of
family such as
(i) Regulations of sexual behavior of members and reproduction (ii) Care and
training of children (iii) Co-operation and division of labor and (iv) Primary
group satisfactions. Similarly Reed classified functions of family into following
four types such as (i Race Perpetuation (ii) Satisfaction of sex needs (iii)
Socialization and (iv) Economic functions. But famous Sociologist Maclver
classified the functions of family into two broad categories such as essential
and non-essential functions.
These two functions are also widely known as primary and secondary
functions. Under essential or primary functions Maclver includes mainly three
functions such as (i) stable satisfaction of sex needs (ii) production and
rearing of children and (iii) provision of a home. Under non-essential or
secondary functions he includes religious, recreational, educational,
economic and health related functions. But one thing is clear that though
sociologists have classified the functions of family into different forms still all
of them gives stress on the same aspects in a different manner. However,
these different functions of family are as described below:

(A) Essential functions of family:

Maclver has divided functions of family into essential and non-essential

types. Under essential functions he includes mainly three functions such as,
stable satisfaction of sex needs, production and rearing of children and a
provision of home. But besides these Maclverian functions of family, family
may also perform some other essential functions. But it must be
remembered that essential functions are those functions which are basic or
fundamental in nature and no other institutions can perform these functions
so successfully as family can. However family performs the following
essential functions:

(1) Stable satisfaction of Sexual needs:

This is the most important essential function of family. Family has been
performing this functions since the inceptions of human civilization. It is a
well known fact that sex urge is the most important and powerful instinct
and natural urge of human being. It is the primary duty of family to satisfy
the sexual urge of its members in a stable and desirable way
Sexual needs
Through the mechanism of marriage family regulate the sexual behavior of
its members. Because satisfaction of sex instinct brings the desire for life
long partnership of husband and wife. Satisfaction of this sex needs in a
desirable way helps in the normal development of personality. Ancient Hindu
Philosopher Manu and Vatsayan opines that satisfaction of sex needs is the
primary objective of family. If it is suppressed it creates personality
maladjustments.

(2) Procreation and Rearing of Children:

It is another important sectional function of family .Necessary

arrangement of stable satisfaction of sexual urge resulted in procreation.
Family provides the legitimate basis for production of children. It
institutionalizes the process of procreation. By performing this function of
procreation family contributes to the continuity of family and ultimately
human race. Hence perpetuation of human race or society is the most
important function of family. Not only the production of children but also child
rearing is another important function of family. Family is the only place where
the function of child rearing is better performed.

Rearing of Children

It provides food, shelter, affection, protection and security to all its

members. It plays a vital role in the process of socialization of child. It
provides healthy atmosphere in which the personality of the child develops
properly. Family takes care of the child at the time of need. Hence it is rightly
remarked that family is an institution par excellence for the procreation and
rearing of children. It has no parallels.
(3) Provision of Home:

Family perform another important function of providing a home for

common living to all its members. It is only in a home that children are born
and brought up. Even if children are born in hospitals in modern time still
they are taken care of and properly nourished in a home only. Because family
and a home have no substitute. In a home all the members of family live
together and a child is brought up under the strict vigilance of all its
members.

Provision of Home

All the members need a home to live happily with comfort, peace and
protection. A home provides emotional and psychological support to all its
members. Mans necessity of love and human response got fulfilled here.
Family provides recreation to its members. In a home family performs the
role of a modern club. Man got peace by living in a home.

(4) Socialization:
It is another important essential function of family. It is said man is not born
human but made human. New born human baby became human being after
they are socialized. Family plays an important role in the socialization
process.
Socialization

It is one of the primary agents of socialization. Living in a family human

baby learns norms, values, morals and ideals of society. He learns culture
and acquires character through the process of socialization. His personality
develops in the course of his living in family. From family he learns what is
8

right and wrong and what is good or bad. Through socialization he became a
social man and acquires good character.

(B) Non-essential or secondary functions of family

Famous Sociologist Maclver has divided functions into essential and

non-essential functions. Under non-essential or secondary functions he
includes economic, religious, educational, health and recreational functions.
Along with the essential functions family also performs these non-essential
functions. These functions are non-essential or secondary in the sense that
these are also performed simultaneously by other social institutions in family.
These functions are as follows:

(1) Economic functions:

Since ancient times family has been performing several economic

functions. It is an important economic unit. In ancient time family was both a
production and consumption unit. It used to fulfill almost all the economic
needs of its members such as food, clothing, housing etc. In the then days
family was self- sufficient. But now a days almost all the economic functions
of family is performed by other agencies and family only remain as a
consumption unit. It do not produce anything. All the members of family now
working outside the home.

But in spite of all family still performing some economic functions of

purchasing, protecting and maintaining property. It also equally distribute
property among its members.

(2) Educational functions:

Family performs many educational functions for its members. As an

primary educational institution family used to teach letters, knowledge, skill
and trade secret to all its members. It looks after the primary education of
its members and moulds their career and character. Mother act as the first
and best teacher of a child. Besides he learns all sorts of informal education
such as discipline, obedience, manners etc. from family. Of course at present
many of the educational functions of family are taken over by school, college
and universities sill family continues to play an important role in providing
the first lessons and primary education to its members.

(3) Religious functions:

10

Family is the centre of all religious activities. All the family members
offer their prayers together and observe different religious rites, rituals and
practices jointly. All the members believe in a particular religion and observe
religious ceremonies at home. Children learn different religious values from
their parents. Living in a spiritual atmosphere spirituality develops among
the children. Family transmits religious beliefs and practices from one
generation to another. But at present family became more secular in their
outlook. Common family worship became very rare and absolute. Still family
continues to play an important role in shaping religious attitude of its
members.

(4) Health related functions:

Family as a primary social group performs several health related functions for
its members. It look after the health and vigor of its members. It takes care
of the sick old and aged persons of the family. By providing necessary
nutritive food to its members family takes care of the health of all.

Socialization
Of course modern family delegates some of its health related functions to
hospital. The child is born today in a hospital or in a clinic and taken care of
by nurses.

(5) Recreational function:

11

Family-performs several recreational functions for its members by

entertaining them in various ways. In ancient period family was the only
centre of recreation. All the members together organize family feasts, visit
the family relations, organize family picnics etc.
Recreational function
Family organize different festivals which is another source of
recreation. The relationship between grandparents and grand children is
another source of entertainment. After days work all the members used to
assemble and exchange their view. Of course modern club replaces many
recreational functions of family. But at the same time it is said that present
family acts as a modern club without its evil effects.

(6) Cultural functions:

Family also performs several cultural functions as well. It preserves
different cultural traits. Man learns and acquires culture from family and
transmits it to succeeding generations. That is why family is considered as
centre of culture.
Cultural functions

12

(7) Social functions:

Family performs a number of social functions. It teaches about social
customs, mores, traditions, norms, etiquette to the coming generations.
Family exercises social control over its members and bring them into
conformity with accepted standards. Senior members of family directly
control the behavior of children and thereby they became a good citizen.

Schiamberg (1983)
1.

Socialization of children

2.

Economic cooperation & division of labor

3.

Care, supervision, monitoring, and interaction

4.

Legitimizing sexual relations

5.

Reproduction

6.

Provision of status: Social - familial attributes (SES, location)

Ascribed - birth order
Achieved - based on individual's effort

13

7.

Affecction, emotional support & companionship

FUNCTIONS & CHARACTERISTICS OF HEALTHY FAMILIES:

CALLAGHAN (1987)

1.

clearly identified hierarchy

2.

well-defined parental roles

3.
flexibility & adaptability - Can respond to situational & maturational
crises
4.

consistent, clear rules & expectations

5.

consistent affection

6.

consistent limit-setting

7.

open communication, bi-directional

8.
increased degree of support nurturance and acceptance of family
members

CHARACTERISTICS OF DYSFUNCTIONAL FAMILIES

Minuchian (1978)

1.

Rigidity - lack of flexibility

2.

Lack of individuation - emeshment /loss of autonomy

3.

Extreme detachment

14

4.
Scape-goating - family member (often child) who is the object of
displaced conflict/criticism
5.
Triangulation - Detouring conflict between 2 people by involving a third
person, thereby stabilizing the relationship between the original pair
6.

Faulty problem solving skills

7.

Conflict avoidance

8.

Inconsistent application of affection/discipline

9.

Low levels of support/nurturance/acceptance

10.
Increased degree of expressed hostility towards each other/other
family members

Family structures & Classification;

Sociology
2. According to functionalist George Murdock a family is defined as a social
group characterized by common residence, economic co-operation and
reproduction. It includes adults of both sexes, at least two of whom maintain
15

a socially approved sexual relationship and one or more children, own or

adopted of the sexually co-habiting adults.

3. There are various types of family that exist in todays society, some of the
more common structures include :
The Nuclear Family : this usually consists of two generations of family,
parents and their own or adopted children residing in the same household.

The Extended Family : This is also known as the three generation family.
Consisting of grandparents, their children and their grandchildren.

Single Parent Family : This type of family is also known as the Lone Parent
Family. It consists of one parent and a child or children residing in one
household.

Reconstituted Family : This is a family where one or more parents have

been married previously and they bring with them children from their
previous marriage(s). This introduces various combinations of step- father,
step-mother etc.
Symmetrical Family : This family is one in which the roles of the husband
and wife or of co-habiting partners have become more alike or equal
Empty Nest Family : In this family, the children have moved out of the
home and the parents reside together.
Cereal Packet Family : This type of family is usually flouted as the ideal
family type, and as such is usually displayed on cereal packets.
Families can be classified according to the various categories: a) On the basis
of descent b) On the basis of authority c) On the pattern of residence d) On
the amount of mates
Patrilineal Family : This type of family occurs when property and title
inheritance passes down through the fathers side. Matrilineal Family : This
is where the property and title inheritance passes through the mothers side.
16

Patriarchal Family : In this type of family, the father is considered the

head.
Matriarchal Family: In this type of family, authority is held by the mother
Patrilocal Family : When a married couple lives with or near the husbands
family. Matrilocal : When a couple lives with or near the mothers family.
Neo-Local : When a married couple sets up a home separate from either
side of their families.
Monogamous Family : In this instance, a husband only has one wife. This is
the western idea of a typical marriage.
Polygamous Family : In this case, the husband has more than one wife at
the same time. This type of family can be found mostly in Saudi Arabia.
Polyandrous Family : This family consists of a wife with more than one
husband. This can be found in the Todas of Southern India.

Courtship
1. the act, period, or art of seeking the love of someone with intent to marry
2. the seeking or soliciting of favours
3. obsolete courtly behaviour

Courtship is the period in a couple's relationship which precedes

their engagementand marriage, or establishment of an agreed relationship of
a more enduring kind. During courtship, a couple get to know each other and
decide if there will be an engagement or other such agreement. A courtship
may be an informal and private matter between two people or may be a
public affair, or a formal arrangement with family approval. Traditionally, in
the case of a formal engagement, it has been perceived that it is the role of a
male to actively "court" or "woo" a female, thus encouraging her to
understand him and her receptiveness to a proposal of marriage.

17

Youth conversing with suitors

from the Haft Awrang of Jami, in the story A Father Advises his Son About
Love.

Courtship in the Philippines is one known complex form of courtship.

Unlike what is regularly seen in other societies, it takes a far more subdued
and indirect approach. It is complex in that it involves stages, and it is
considered normal for courtship to last a year or longer. It is common to see
the male showing off by sending love letters and love poems, singing
romantic songs and buying gifts for the female. The parents are also seen as
part of the courtship practice, as their approval is commonly needed before
courtship may begin, or before the female gives the male an answer to his
advances.
In more closed societies, courtship is virtually eliminated altogether by
the practice ofarranged marriages, where partners are chosen for young
people, typically by their parents. Forbidding experimental and serial
courtship and sanctioning only arranged matches is partly a means of
guarding the chastity of young people and partly a matter of furthering
family interests, which in such cultures may be considered more important
than individual romantic preferences.
Over recent decades though, the concept of arranged marriage has
changed or simply been mixed with other forms of dating, including Eastern
and Indian ones; potential couples have the opportunity to meet and date
each other before one decides on whether to continue the relationship or
not.
Modern people
In earlier 1800s, young adults were expected to court with the
intention of finding a marriage partner, rather than for social reasons. In
18

more traditional forms of Christianity, this concept of courtship has been

retained, with John Piper defining courtship and distinguishing this concept
from dating, stating that:
Courtship ordinarily begins when a single man approaches a single woman
by going through the woman's father, and then conducts his relationship with
the woman under the authority of her father, family, or church, whichever is
most appropriate. Courtship always has marriage as its direct goal...Dating, a
more modern approach, begins when either the man or the woman initiates
a more-than-friends relationship with the other, and then they conduct that
relationship outside of any oversight or authority. Dating may or may not
have marriage as its goal.[3]

Marriage

Marriage, also called matrimony or wedlock, is a socially or ritually

recognized union or legal contract between spouses that establishes rights
and obligations between them, between them and their children, and
between them and their in-laws,[1] as well as society in general. The
definition of marriage varies according to different cultures, but it is
principally an institution in which interpersonal relationships, usually sexual,
are acknowledged. In some cultures, marriage is recommended or
considered to be compulsory before pursuing any sexual activity. When
defined broadly, marriage is considered a cultural universal.

19

Essential Requisites Of Marriage In The Philippines

The requisites of a valid marriage in the Philippines are classified into
two the essential and the formal. In a previous article, we have
enumerated the essential requirements into:
1. Legal capacity of the contracting parties who must be male and
female; and
2. Consent freely given in the presence of the solemnizing officer.
3. The absence of any of the essential requisites renders the marriage
void. Any defect on the requisites, on the other hand, does not make
the marriage void but only voidable or valid until it is annulled by the
courts.
Below is a brief discussion on each of the elements which make up the
essential requisites of marriage.
4. Legal capacity of the contracting parties
Under Philippine Civil Law, a Filipino who reaches the age of eighteen (18) is
deemed to have reached the age of majority and thus legally capacitated to
enter into contracts, including the special contract of marriage. However,
parties between the ages of 18 and 21 will additionally require their parents
consent to the marriage, while those between 22 to 25 years will need their
parents advise before they are married.
5. Legal capacity does not pertain to the age of the parties alone. It
likewise relates to the freedom of each of the parties from any other
marriage. This means that each of the parties must be single, or
annulled from a previous marriage, or has had his foreign
divorce judicially recognized in the Philippines.
6. Additionally, legal capacity relates to the relationship of the parties
with each other. The parties intending to get married must not be
related by blood within the 5th civil degree of relationship. The
marriage should also not be that which is considered incestuous or that
which is contrary to public policy.
7. Parties must be male and female
8. The parties entering into the marriage must, biologically, be one male
and one female. Emphasis on the biological requisite is dictated by the
natural need of people to procreate, which is impossible to realize if
the parties are of the same sex.
9. For the purpose of getting married in the Philippines, any party who
has undergone sex change through medical intervention shall be
20

considered to be of his or her original gender.

Consent freely given in the presence of the solemnizing officer
10.
The consent involved here is that which is given by the
contracting parties themselves, and not that coming from their
parents. The consent must also be one that is real and not vitiated or
defective by any of the vices of consent under Articles 45 and 46 of the
Family Code of the Philippines. Examples of vices of consent are fraud,
force, intimidation and undue influence.
11.
The parties are required to appear personally before the
solemnizing officer during the marriage ceremony. Their personal
appearance shall give the parties the opportunity to express either
their willingness to be married, or any undue pressure on them to enter
into the marriage.

Dissolution of Marriage
A dissolution of marriage is a legal process that terminates the
marital rights and responsibilities between spouses. It will substantially affect
your financial and personal life. Issues commonly involved in a dissolution
case are grounds for dissolution, classification and division of assets of the
spouses, ongoing obligations to provide for a spouse after dissolution, the
welfare of any children of the marriage, and tax consequences. These
materials are intended for uncontested matters without complex issues.
1. Starting the case: the Petition
The spouse who starts the dissolution case is called the petitioner. The
spouse on the other side is called the respondent. The petitioner has to tell
the court in a written "petition" what the case is about, who the case is
against, and what outcome (known as relief) is wanted. This typically
includes a request for dissolution along with the division of property, child
custody, and child support. The "petition" must be complete and include
certain information required by law. A form 'Petition for Dissolution of
Marriage' will be available from this website after you have completed the
Litigant Awareness Program.
2. How is the case filed?
The petition must be verified before it can be filed. The petitioner must
swear to or affirm the truth of the facts in the petition and sign the petition
21

under oath before a notary public. Most banks have notaries that will do this
for a small fee.
A Dissolution of Marriage proceeding should be filed in the county in which
either the petitioner or respondent resides. Filing fees vary depending on the
type of case. The clerk at your local courthouse can tell you how much it will
cost to file. Some courts post this information online. If a person cannot
afford the court filing fee, an application can be filed asking that the fees be
waived. This is sometimes called In Forma Pauperis (in the manner of a poor
person). The court will require detailed financial information so that the judge
can decide if fees should be waived.
3. What forms need to be filed?
In addition to the petition, there are other forms that must be filed. These
forms usually include an 'Income and Expense Statement,' a 'Statement of
Property and Debt,' a 'Parenting Plan' if children are involved, a 'Filing
Information Sheet,' a 'Certificate of Dissolution,' and a proposed 'Judgment of
Dissolution of Marriage.' These forms are available for download from this
site at the conclusion of this Litigant Awareness Program. Individual courts
may have other versions of these forms that they utilize. You should check
with your local court prior to filing your case.
4. What if my spouse gave birth to a child while we were married, but I am
not the biological parent of the child?
Under Missouri law, when a child is born to a woman while she is married or
within 300 days after the termination of marriage, her spouse is presumed to
be the legal father. A petition may be filed asking the court to find that the
spouse is not the biological father or legal parent of the child or children born
during the marriage. The Presumed Father's Petition for Declaration of NonPaternity is an approved form for this purpose.
5. How is the other spouse notified about the filing of the case?
When the dissolution petition is filed, the petitioner must provide the other
side, the respondent, with official notice. This is called service of process.
Service is very important and must be done correctly. Doing it incorrectly will
cause not only delay of your case, but MAY cause dismissal of your case. For
a fee, the court clerk prepares a "summons" and attaches a copy of the
petition, which becomes the official notice to come to court. Service of the
summons is arranged through the court clerk. The most common methods of
"service" are listed below:
22

Waiver of Personal Service: The respondent accepts the petition and signs a
form called Entry of Appearance and Waiver of Service. This form must be
signed before a notary public and filed with the court.

Personal Service: The sheriff or other court officer hand delivers the petition
and the summons to the respondent. It is important to provide the court with
very specific information about where, how, and when to find the
respondent.

Private or Special Process Server: A special or private process server may be

appointed by the court when the respondent is difficult to find or if the
respondent is trying to avoid being served. This is a situation where you may
need to consult with an attorney who will know how to help you.

Service by Publication:
THIS METHOD CAN BE USED ONLY WHEN THE LOCATION OF THE
RESPONDENT CANNOT BE DISCOVERED. This method of service also requires
that all means to try to locate or reach the other party have been attempted.
Permission of the court is required. Obtain specific information from the court
about which qualified newspapers are acceptable for service by publication
once the court approves your motion to allow this method. Check with a
lawyer before doing service by publication because this method of service
can affect and/or restrict you from collecting maintenance or child support.
6. What happens when the respondent is served?
Once the respondent receives the summons and petition, a written response
is due in 30 days. The respondent files a written response to tell his or her
side of the story. This is called the Answer. If this Answer is not received
within 30 days, the respondent is in default. This means the petitioner can go
to court and ask for the relief requested in the petition.
7. Do we have to agree on everything?

23

Agreement of both spouses about all the issues means the case is
uncontested. The case usually will be completed faster and less
expensively. Spouses in agreement still must go to court to show that they
meet the legal requirements for a dissolution and to obtain the courts
approval. If the spouses cannot agree about all issues, the case is
"contested." The fastest and least expensive way to resolve disputes is to try
to work out the issues with the other party in advance. Mediation is a process
frequently used by spouses to determine what they can agree upon. Some
courts require you to attend mediation, particularly if there are unresolved
parenting issues. The mediation requirement may be waived for good cause
such as domestic violence. If you are not able to work out your differences,
you should contact an attorney.
8. Can I contact the judge assigned to my case if I have questions or
concerns?
No! Judges must be fair to all parties and therefore may not speak to or
otherwise communicate in any way with the parties outside of a hearing. The
court clerk can assist you by providing you with information about court
procedure and approved forms but is restricted by court rules from telling
you how to fill in forms or present your case. (See Court Staff Assistance.)
9. When is the case ready for a hearing?
The petition and other required forms must be filed with the court before
your hearing. The return of summons must be on file with the court showing
that the respondent has been served if the respondent has not waived
service or filed an answer. CHECK BEFORE THE HEARING TO MAKE SURE THIS
HAS BEEN DONE. Lack of service may cause delay. A person representing
himself or herself in a family case must complete the Litigant Awareness
Program and file the Certificate of Completion with the court (print the
certificate at the end of this program). If there are children under the age of
18, both spouses must attend a parent education program, which is
mandatory under state law. Schedules of these classes offered through your
local court may be available online.
10. How is the hearing scheduled?
In Missouri, the circuit court keeps its schedule of hearings, called the
"docket." Some circuits require a pretrial hearing, case management, or
settlement conference before the final hearing. In some circuits, a litigant will
not be placed on the docket automatically, but will need to request a hearing
24

to get on the docket. You should check with your local court for the
applicable procedure.
11. What happens at the hearing?
The petitioner has the responsibility of presenting evidence to prove the
case. This may include the testimony of the spouses, other witnesses,
documents, and exhibits. The respondent also may introduce evidence. After
hearing all the evidence, the judge decides the case. The judge cannot try
the case for the parties. Each party should come to court prepared with the
list of questions and evidence they need to submit for the case. After the
judge hears the evidence the ruling may be given verbally. Occasionally, a
judge "takes a case under advisement" to make a ruling at a later time. The
court will notify you of the decision. The decision of the court is reduced to
writing in a form called "the judgment." The court may require a party to
prepare the judgment in advance or after the conclusion of the hearing.
12. Can I try to settle my case before the hearing?
Even after legal proceedings are initiated, parties can settle their differences
before the hearing. Most cases do settle out of court. It is better for everyone
when parties agree. Mediation is always available at any time throughout the
legal process and highly recommended. The family court judge/commissioner
can and many times will appoint a mediator, particularly if parents can't
agree about how the children will be cared for and how the parents will share
their parenting responsibilities.
13. What needs to be done after the hearing?
The case will conclude with a written order from the judge. You must do all
the things the judge ordered you to do in the dissolution of judgment, such
as:
Transfer property,
Sign documents,
Pay money, and/or
Change names on automobile titles, insurance policies, bank accounts,
retirement accounts, credit card accounts, and deeds.
If your dissolution judgment affected title to real estate (your home), you
must file a certified copy of the dissolution judgment with the Recorder of
25

Deeds. Also, you need to inform the appropriate government agencies,

employers, creditors, and businesses of your dissolution and any name
change. You also may need to provide "certified" copies of your dissolution
judgment to others. The court clerk can certify copies of the judgment.
Failing to do what the judge ordered may result in additional court
proceedings for enforcement of the judgment or for contempt of court. If
your spouse fails to comply with the judge's orders, you will need to bring
enforcement or contempt proceedings against your former spouse. This may
be complex and may require the assistance of a lawyer.
14. When is the dissolution final?
The case becomes final 30 days after the judge signs the judgment unless a
party files an appeal. If you need to file an appeal or if the other spouse files
an appeal you will need the assistance of a lawyer. An appeal involves filing a
legal brief about legal errors in the case. The procedural rule and time
deadlines are very strict.

Legal Grounds for Divorce/Dissolution

Grounds for divorce/dissolution are legal reasons for termination of a
marriage.
No-fault Divorce
A no-fault divorce is one in which neither person blames the other for the
breakdown of the marriage. There is no requirement to prove guilt of either
party. Common no-fault grounds are irreconcilable differences, irretrievable
marriage breakdown, irremediable breakdown of the marriage, or
incompatibility of temperament.
These terms indicate that the marriage is over, but no blame is assigned to
either spouse. All states have some form of no-fault divorce. But in many
states, the couple must live apart for a certain timeframe to obtain one.
Fault-based Divorce
In a fault-based divorce, misconduct by one of the spouses is alleged as the
legal basis for divorce/dissolution. Most states still allow couples to obtain a
26

fault-based divorce. Many of the grounds are the same from state to state,
such as adultery, some type of cruelty, physical or mental incapacitation,
abandonment, and imprisonment.
In a fault-based divorce, the courts require proof of the alleged grounds. If
the misconduct cannot be proven or the accused spouse fights or raises a
defense to the claim, the divorce can still ultimately be granted on no-fault
grounds, since all states offer this option.
Fault-based divorces can often be obtained more quickly than no-fault
divorces. And some states take a spouses misconduct into account when
making decisions about property division and the award of spousal support.

Comparative Rectitude or Least-fault Divorce

When both spouses allege legal fault-based grounds in a divorce action,
under a doctrine called comparative rectitude, a court may award the
divorce to the spouse whose fault is less serious. These types of divorces are
rarely granted, however, since no-fault divorce is far more common.
Grounds for Divorce/Dissolution by State
Grounds for Divorce/Dissolution may vary from state to state. The following
links provide general overviews of individual states' divorce grounds.

Grounds for Annulment of Marriage in the Philippines

Art. 45 of The Family Code of the Philippines states 6 grounds by which the
court can annul a marriage.
The grounds for annulment of marriage are:
1. Absence of Parental Consent. A marriage was solemnized and one or the
other party was eighteen (18) years of age or over but below twenty-one
(21) and consent was not given by the parents, guardian or person
having substitute parental authority. The Petition of Annulment must be filed
within five (5) years of having attained the age twenty-one. However, if the
27

parties freely cohabited with the other as husband and wife after having
reached the age of twenty-one (21) a Petition of Annulment can no longer be
filed.
2. Mental Illness. One or the either party was of unsound mind at the
moment of the marriage. But if the parties freely cohabited with each other
after he or she came to reason the law prohibits the filing of a Petition.
3. Fraud. That the consent of either party was obtained by fraud, unless
such party once having knowledge of the fraud freely cohabited with the
other as husband and wife. The petition must be filed within five (5) of
finding out the facts of the fraud.
4. That the consent of either party was obtained by force, intimidation or
undue influence. Except when the same has ceased and the party filing the
petition freely cohabited with the other as husband and wife. The injured
party must file within five (5) years from the point in time the force,
intimidation or undue influence disappeared or came to an end.
5. One or the other party was physically incapable of consummating the
marriage, and such incapacity continues and appears to be incurable. The
filing of the Petition of Annulment must be filed within five (5) years after the
marriage.
6. Either party was at the time of marriage afflicted with a sexuallytransmitted-disease (STD) found to be serious and seems to be incurable.
This may also constitute fraud. The filing of the Petition of Annulment must
be filed within five (5) years after the marriage.
SEPARATION: being separated from your spouse with or without
communication is not grounds for annulment. It does not matter how many
years you are separated. There is no law that annuls or voids a marriage
automatically. Only a judge in a court of law can annul, void or nullify a
marriage.
INFIDELITY: is not grounds for annulment.

28

So it's not gonna be easy. It's going to be really hard; we're

gonna have to work at this every day, but I want to do that
because I want you. I want all of you, forever, every day. You
and me... every day.
Nicholas Sparks , The Notebook

Let there be spaces in your togetherness, And let the winds

of the heavens dance between you. Love one another but
make not a bond of love: Let it rather be a moving sea
between the shores of your souls. Fill each other's cup but
drink not from one cup. Give one another of your bread but
eat not from the same loaf. Sing and dance together and be
joyous, but let each one of you be alone, Even as the strings
of a lute are alone though they quiver with the same music.
Give your hearts, but not into each other's keeping. For only
the hand of Life can contain your hearts. And stand together,
yet not too near together: For the pillars of the temple stand
apart, And the oak tree and the cypress grow not in each
other's shadow.
Kahlil Gibran, The Prophet

Republic of the Philippines

Southern Philippines Agri-Business and Marine and Aquatic School of Technology
Malita, Davao Occidental

29

PROJECT IN SOC-SCI 2

Submitted by: Ms.Christine A. Umayao

BSIT-2
Submitted to: Mrs. Benjamina T. Manreal
Instructor

Table of Contents

What
is
-----------------------------------------------------------------------------------------

Family

30

Definition of Family
Who Makes a Family?
Nature of Family
Function of the Family
Classification of Family

What is courtship
Meaning of courtship

What is Marriage
Meaning of Marriage
Requisites of Marriage
Dissolution of Marriage
Grounds for divorce
Grounds of annulment

31