In every person’s life, marriage is considerably one of the most important highlights of their lives as this signals their commitment to one another and a new life. Many consider marriage to bevery serious business as many couples opt to take a long time to determine whether they can enter such commitment or just stay separated. However, there are a few who would undergo marriage and later on file for divorce due to irreconcilable differences and other reasons that would show the other is unfit for such commitment. For years, divorce remains as a hot topic for many countries, especially in the United States, given the calls for stronger laws and the growing rate of couples resorting to such legal action without regarding the implications of the decision. There is a necessity to impose stronger legislation on divorce as they would ensure that couples would not easily resort to the process out of whim and make it difficult to afford, entice further consideration on entering to marriage, and to protect the children that would be involved once the process is done.
The history of divorce and its supporting law has long been a part of American history since the time of the English colonies. Wardle and Nolan (2011) stressed that the English monarchy had strictly regulated American divorce proceedings as marriage, as it is still seen today, is a sacred and indissoluble ceremony. In cases wherein marriage is seen “defective” by couples, they can file annulment (mostly preferred by the richer population) or legal separation (also known as “divorce a mensa et thoro/ divorce from bed and board”). However, getting legal separation under the grounds of ending a marriage or “divorce a vincula matrimonii” was not permitted. Upon the withdrawal of the English forces in the country, the US government still continued to have policies over divorce as long as the couples prove that the one had violated the terms of the marriage contract agreed by both parties. Violations such as adultery, desertion, abandonment, nonsupport, cruelty, addiction and imprisonment are seen as acceptable grounds for divorce as “fault” grounds. “No-fault” grounds were added in the 19th century to include mental instability and degree of separation (already living apart for a significant number of years) as grounds for divorce. The utilization of the “fault” grounds for divorce continued on until the 1970s as the baby boom had many couples struggling to maintain their marriages. Almost immediately, states such as California enacted the “modern no-fault” divorce act in 1969 that would include “irreconcilable differences” as a viable reason for divorce. States slowly followed California’s actions in creating no-fault divorce policies to reduce tampering and animosity between the parties.
After California’s move to establish a “modern no-fault” divorce law, the Uniform Marriage and Divorce Act of 1987 had been proposed, which revised the grounds for divorce, and permit divorce in the premise of the marriage being “irretrievably broken”. California was not the only one that preferred a no-fault divorce program as the younger generation wanted such restrictive policies to be removed even if the marriage should be kept sacred. The lack of capability of the state and federal government had also pressed the younger generation to clamor for a newer policy on divorce, which would also fit the changing modern society. Throughout 1973 to the 1980s, almost all the states have imposed programs ensuring that their policies were no-fault divorce laws. Currently, the country’s divorce law remains no-fault under the state’s jurisdictions but vary per state depending on their programs on divorce and the rulings of their state judiciary . Given the “no-fault” clauses of these divorce laws, it somehow points that couples can easily cite “irreconcilable differences” even without basis to get divorce.
With the new terms of under the “no-fault” divorce laws throughout the country, the rate of divorce has steadily increased through the years despite reports that the rate has already decreased. According to Newman (2010), since 2001, more than 2 million Americans had filed for adults or almost 20 divorces per 1,000 marriages. Most of the divorces are couples in their 40s or 50s, with some of them divorcing their spouses twice. Most of the divorces often take place after 5 years of marriage, which then increases by 10 year and 15 years of marriages. Several factors can be accounted when it comes to why these divorces happen in the US today: the weakening of economic capability of families to the shifting gender roles of families in the country. It is also noted that Western families record high instances of divorce due to the different perceptions and cultures revolving marriage, a voluntary contract which can be voided at any time. Society is also accepting now when it comes to couples undergoing divorce and remarriage. The public is made of the circumstances as to why divorce persists through mass media, either through movies or children’s books. Hallmark, the famous greeting card company, even allotted a specialty line of cards to cater to parent or children living separately from one another. Some even see divorce as a means to escape an unhappy marriage and regular part to any American life .
As the rate of couples getting divorced increases, groups are divided as to what should be done to reduce these numbers and ensure that divorce laws would not be easily used by couples without understanding the consequence of such actions. Supporters of the current divorce movements and those who supported the reforms in the 1970s stress that the current divorce system was already revised to the extent that it would ensure the protection of the US judiciary and aid victims accordingly. According to Mechoulan (2006), the revision of the traditional divorce laws from fault-based divorces to no-fault based divorces enables the U.S. judicial system to validate the requests and ensure that granting of divorces and remarriages would also foster reconciliation. The “no-fault” divorce movements also makes it possible for one of the spouses to obtain the divorce immediately by himself or herself without needing the consent of the other party. Some states in the country have now removed former requirements to determine if a case is indeed qualified for divorce. Other states had placed no-fault provisions while following the traditional grounds for divorce in order to justify their cases. The revisions to the current divorce laws also provided clearer guidelines for the financial assets of the two parties: determining the marital and community-property assets. These changes were meant to ensure that women are given enough settlement after the divorce, especially for the sake of the children .
Vlosky and Monroe (2009) supports Mechoulan’s premise that the 1970 divorce laws that transformed it into a non-fault divorce had also been done to ensure that the judiciary remains neutral in cases over divorce. The removal of restrictions for filing divorce cases makes it easier, but it also makes the individuals involved responsibly to the impact it may have for their children. Their children would become part of the settlement agreements, and in cases wherein both parties meet in a settlement, it would allow the mother take the custody of the child and the properties of the person of choice. The laws under no-fault divorce also follow divided into five, allowing the judges and the court to determine the “liberalness” of the law for a specific divorce. Laws for divorce due to incompatibility is the most liberal of the five, followed by irretrievable breakdown, the use of irretrievable breakdown as a replacement for fault-based law, no-fault laws and separation provisions . Considering this premise by the supporters of the current divorce law, it is plausible that if given a chance, the law indeed has a capability of not only aiding families which are in the worst conditions, but also to enable legislation to decide as to whether or not a person can be granted divorce.
However, many critics to the current status of the American divorce policy believe that a stronger divorce policy is needed in order to control those who have access to divorce and re-establish the sanctity of marriage and the family. First and foremost, having stronger divorce laws would stop couples to resort immediately into the process without taking into consideration the gravity of such choice and the impact it would have to a relationship with a high cost. Like any other Act or law passed in the government, filing for divorce is a tedious process. Harris-Short and Miles (2011) stressed that, depending on the country in question, divorce laws can be either regularized like other legal processes. It can be decided upon by a private party much like other civil policies. It is also a question as to whether the court in question which the divorce case is brought to determine as to which grounds it would use: fault or no-fault. If it is judged as a fault-based law, it would have to determine the definition of marriage and divorce. No-fault faults mostly persist if the case would involve irreconcilable problems between the petitioners of the divorce. It is also a question as to the approach to be done for divorce should be taken into the legal process or have another party decide if the request is valid . A strong divorce law would be able to set a common standard on how divorce can be done without much issue.
Divorce also entails a very expensive price tag considering the financial obligations both individuals have in the processes. While frowned upon, marriage contracts, according to Freidberg and Stern (2003), would possess provisions on divorce and asset distribution. Brides often bring in dowries to their husbands as part of their willingness or agreement to the wedding as a “deposit” of the wife to the relationship until they divorce for some reason. The groom would also provide a bride price to his intended in order to showcase his intent to marry the bride. Given these expenses attached to married couples, strict laws on divorce would cause couples to rethink over their decision to get married if the expenses are very high. If stronger policies are placed to prevent these couples from attaining divorce, it is possible to reduce the number of incidents of divorce because the long duration of the process and the expenses needed to sustain the family, the case and the other complainant’s case came destroy family unity. In some countries, spouses would be in charge of paying the other’s financial obligations even if they are undergoing the process of divorce. These obligations are not limited to income support and property management, but also to support the children. Some couples utilize this financial clause to punish the spouse even if it is against the marriage contract. Spouses, once the case is over, is required to give some investments and funds for their ex-spouses which have been created prior to the marriage.
Stricter divorce laws would also lead to further consideration to entering a commitment such as marriage. Friedberg and Stern (2003) stated that the marriage contracts have changed significantly since the early times as men and women have equal capacity to ask for a divorce especially if the husband is found to have physical incapability and is incompatible with their spouse. Rules are provided by either the church or state depending on the ceremony and culture of the couple, and once the contract is signed and the couple is recognized, it cannot easily be broken. In some cultures and religions, a marriage contract is mandatory, stressing the vows of the husband and wife and the responsibilities they have to the family. It is also crucial to understand that the marriage has several benefits that cannot be gained easily or replaced considering that it is directed to the foundation of the marriage. Love and sex are two of the benefits married couples have to ensure that emotional and mental stability is retained in the family. Children complete the family as they are the ones that shape up the couple’s future and separating a family through divorce would only trigger further negative concerns over the validity and sanctity of marriage. Remaining within a marriage also provides couples with time to understand one another more intimately as compared as to when they were just boyfriend and girlfriend. Some couples often divorce because they cannot find the time to stay with the family and discuss their feelings and concerns. Divorce, in this end, would not only cause a family breakup, but would also cause some problems if the opposing parents would like to stop it in the middle of the procedure. Marriage is some thing not to be scoffed at by couples, which is why divorce laws should be very strong in order to stop couples from breaking their commitment for petty conflicts. While time is given to these couples, they were unable to enjoy it or use it for reconciliation as they were busy with divorce . Even in the present time, marriage remains to be a very sacred act despite the growing cases of divorce.
Finally, there is a need to impose stronger legislation on divorce as it would protect the children that would be involved once the process is done. Schroeder and Gordon (2005) stressed that children are immediately affected once the divorce process begins. The family immediately begins to crumble due to the change in family life and relationships, causing children to be unable to speak openly or react without violence or aggression. In some cases, children showcase signs of depression that may influence their capability to build relationships. The impact of divorce for children who originally had a stable environment are more at risk in developing more violent tendencies similar to children with emotional stability. As the years progress, children from divorced families would exhibit self-blame and guilt as they would believe that it was because of them that their parents separated. For the next two to three years, these children would continue to showcase anger, denial, guilt, depression and acceptance if they are left alone in the recovery stage from the divorce. Performance would also be affected by the divorce as the children would slowly gain lower grades and drop out due to the trauma the divorce brought to their lives .
Kelly and Emery (2003) added that if divorce happens when the child is already an adolescent or a teenager, their reaction would be more complex. These children would exhibit difficulties in maintaining relationships, especially if they are married. Some would feel unsatisfied over their marriages and a few would argue they are not capable of maintaining such heavy commitment. The relationship of both parent and child would also crumble completely because the child would no longer want to be in terms with their separated parents. However, this would depend on the gender of the child. Sons would hold resentment to their fathers because it would entice a feeling of weakness within the sons due to the lack of guidance. They would also start to practice vices to cope up with this weakness such as drinking and sexual addiction. Daughters would become more open to sexual advances as they crave for approval from either female or male figure to replace the feeling of approval from their parents. There are also cases wherein children are unable to manage their time accordingly as they would have to alternate from one parent to the other, especially if they are still in hostile terms . With these arguments presenting a darker side to divorce that must be prevent, the necessity of making stronger divorce laws in the country is crucial given the impact it has to the family, especially the children.
Marriage is something a person should not take haphazardly because it is a long-term commitment and something not easily broken, especially in Catholic countries such as the United States. Marriage should be taken seriously as it would affect not just a couple, but also the people around them and breaking such pact through divorce can be seen as a sign of unfaithfulness and incapacity to uphold a commitment. On the one hand, divorce laws should be accepted as it is considering that it would allow couples to escape their cruel treatments from their spouses and end unhappy marriages. This would also be a means to save the children from their violent parent and bring in a new life. However, getting divorce shows disrespect to the sanctity of the ceremony and irresponsibility of the couple towards their commitment and their children. Given this capability of divorce to destroy lives directly and indirectly for all those involved, the necessity of imposing stronger laws must be attained to protect the sanctity of the ceremony and the families that would be separated by the act. Without a strong policy directed to divorce laws, the possibility of seeing broken families and couples breaking their commitment under marriage as if it is a verbal agreement would become common and the meaning of marriage and family would seize to exist.
Annotated Bibliography
Friedberg, Leora and Steven Stern. The Economics of Marriage and Divorce. Richmond: Virginia Economic Online Papers, 2003. Web. 15 March 2014. <http://people.virginia.edu/~sns5r/resint/marriagestf/econuncut.pdf>.
The article was written by Friedberg and Stern details as to the overall impacts, nature and trends of divorce and marriage in the country. The authors used graphs and examples to prove that divorce remains as a debatable topic, especially as to why there is a need for stronger laws. This paper is crucial for this paper as it outlined two of the major arguments supporting stronger legislation: in the financial impact and the importance of marriage.
Harris-Short, Sonia and Joanna Miles. Family Law: Text, Cases and Materials. Oxford: Oxford University Press, 2011. Print.
In general, the book is similar to Wardle and Nolan's book as it discusses the Family Law of the United States and other countries. Unlike the other book, the authors for this book had expounded on the nature of divorce and explained the processes as to how divorce can be attained and the different factors that may stop divorce law reform. This book providedinsight as to how the legal process has to go for divorce.
Kelly, Joan and Robert Emery. "Children's Adjustment Following Divorce: Risk and Resilience Perspectives." Family Relations 52 (2003): 353-362. Print.
The article providesinsight as to how children adjust after divorce, outlining the changes from the first few years of the divorce from the adult years of the child. The authors also listed the risks and resilience strategies of these children. The scholarly article is a crucial source in supporting the argument pertaining to stronger divorce laws because children are left vulnerable and unprotected by their parents while the process is done to separate their parents (or families).
Mechoulan, Stephane. "Divorce Laws and the Structure of the American Family." Journal of Legal Studies 35 (2006): 143-174. Print.
Mechoulan's article emphasizes on the effects of no-fault divorce laws on marriage and divorce in the US. The study consisted of several computations and graphs to emphasize the trend of divorce depending on the location and other factors that cause divorce. It is observed in the article that couples which have not been directly affected by the 1970 divorce laws were spared of the trends in such legal action, while there are a few who would utilize the change to divorce their partner through no-fault divorce. The article is very crucial as it explains the various scenarios on the legal and technical aspect of divorce in the country.
Newman, David. Sociology: Exploring the Architecture of Everyday Life. Thousand Oaks: Pine Forge Press, 2010. Print.
Newman provides a new perspective in how to understand the most crucial sociological issues in the globe, especially the impacts of events such as the economic recession. In terms of the divorce, Newman expresses that while divorce is considered legal in several nations such as the United States, it is still a contested topic due to the growing rate of divorcees and the capability of these laws to stop the growth of divorce case. This book is important as it also listed details on the major arguments pertaining to divorce.
Schroeder, Carolyn and Betty Gordon. Assessment and Treatment of Childhood Problems: A Clinician's Guide. New York: Guilford Press, 2002. Print.
For this book, the authors mostly listed the common and unusual problems observed in children from their youth. For this topic, Schoeder and Gordon argues that the divorce has the capacity to paralyze a child, especially breaking their spirit in the first few years of the separation. Impacts such as violent tendencies, poor performance and self-confidence are just some of the impacts explained by the authors when it comes to childhood traumas on divorce.
Vlosky, Denese Ashbaugh and Pamela Monroe. "The Effective Dates of No-Fault Divorce Laws in the 50 States." Family Relations 51.4 (2002): 317-324. Print.
This short article was written by Vlosky and Monroe and expounds on the possibility of utilizing the no fault divorce laws to ensure family balance and reduction of divorce for the 50 states. The study highlighted that the no-fault divorce policy was created in the intention of opening divorce for those who cannot easily attain the service through the traditional method.
Wardle, Lynn and Laurence Nolan. Family Law in the USA. Alphen aan den Rijn: Kluwer Law International, 2011. Print\.
In general, both Wardle and Noland introduces America's Family laws - from basic family rights, marriage, child rights to the acquisition of properties in a readable format for any beginner in the topic. In the case of divorce, Wardle and Noland provides a short synopsis as to how divorce in the country developed and the establishment of "no-fault" divorce. The synopsis provided in the book establishes the grounds that divorce is a complex, but easily attainable procedure.
Works Cited
Friedberg, Leora and Steven Stern. The Economics of Marriage and Divorce. Richmond: Virginia Economic Online Papers, 2003. Web. 15 March 2014. <http://people.virginia.edu/~sns5r/resint/marriagestf/econuncut.pdf>.
Harris-Short, Sonia and Joanna Miles. Family Law: Text, Cases and Materials. Oxford: Oxford University Press, 2011. Print.
Kelly, Joan and Robert Emery. "Children's Adjustment Following Divorce: Risk and Resilience Perspectives." Family Relations 52 (2003): 353-362. Print.
Mechoulan, Stephane. "Divorce Laws and the Structure of the American Family." Journal of Legal Studies 35 (2006): 143-174. Print.
Newman, David. Sociology: Exploring the Architecture of Everyday Life. Thousand Oaks: Pine Forge Press, 2010. Print.
Schroeder, Carolyn and Betty Gordon. Assessment and Treatment of Childhood Problems: A Clinician's Guide. New York: Guilford Press, 2002. Print.
Vlosky, Denese Ashbaugh and Pamela Monroe. "The Effective Dates of No-Fault Divorce Laws in the 50 States." Family Relations 51.4 (2002): 317-324. Print.
Wardle, Lynn and Laurence Nolan. Family Law in the USA. Alphen aan den Rijn: Kluwer Law International, 2011. Print\.
