Divorce Law In The 1800s

Which marriages meet the requirements for dissolution is defined by legal standards. Over the last 200 years, the grounds for divorce in Western societies have expanded. These expansions have made divorce more accessible. Although the divorce rate has increased, there is not a clear link between the accessibility and this increase. Other key influences effecting divorce rates include economic, social, cultural, demographic and institutional factors.

Most people don’t ever think that they will get a divorce but the reality is that almost half of marriages will end in divorce. Divorce is not a decision that is made or taken lightly; its effects on families are damaging and not to mention long lasting. The Oxford Dictionary (2017), describes divorce as “a legal decree dissolving a marriage by a court or other competent body”. When a couple decides to separate numerous aspects of their lives are affected. Divorce affects family dynamics, physically and emotionally health, education, finances, job stability, income potential, drug use and crime. Divorce does not simply affect the lives of families; it affects America as a whole religiously, economically, and it immensely impacts the lives of the children involved.

There has been a long history regarding reform proposals and recommendations surrounding the law of divorce. The first legislation which was introduced in divorce law was the Matrimonial Causes Act 1857, which allowed people to obtain a divorce. However, today the provisions within that act are outdated, yet, it represented society in 1857. In 1937, legislation altered to catch up with societal changes and additional grounds of divorce were introduced. This again occurred in 1973, where legislation changed altering the grounds and facts in which a divorce could be obtained. This is the current legislation relied upon today.

There is a staggeringly large amount of divorces in the United States (US). In total, the US had a recorded total of 2,140,272 marriages in the year 2014 alone, and of those marriages, 813,862 ended up in divorce or annulment (Center for Disease Control). This means that as recently as 2014, there was a divorce rate of approximately 40%. This supports the statistics that the divorce rate for the US has stayed within 40-50% since the 1970’s (Austin Institute, 2014). While the numbers themselves are important, it is also important that the causes for the high divorce rate be explored, so that it can be known what pitfalls to avoid when participating in such an important union as marriage. There are many causes of divorce in the US such as conflicting gender roles, socioeconomic status, religious conflicts, physical abuse, emotional abuse, alcohol addictions, and many more (Amato & Previti, 2003). This paper will look at many of these reasons, but it will also focus on the differing reasons reported by men and women.

in divorce. There is a lot of stress on all the people involved. The man has

It’s for those very reasons that America needs to fight the rising divorce rates. There is more than one way to achieve the goal of lowering divorce rates. One obvious way would be to not make divorce easy to get and enforcing a waiting period. Marriage counseling should have to be taken before receiving a divorce. Lastly all states should allow covenant marriages and support them more than a regular marriage.

As generations pass by, divorce is becoming more of a social norm than a problem between two individuals. Divorce once was a private household issue but it became widespread only a couple of decades ago. According to the statistics, in the 1950s only 3% of families got divorced and in the 1960s it was already 10%. In the 1980s, 33% of families opted for divorce due to various environmental factors. Recent studies in Canada today, show that the rate of divorce is changing to an extent such that 4 in 10 marriages end in separation. Divorce is a sensitive concept which lies beyond two individuals simply falling out of love as is both the cause and an effect. The many factors that contribute to divorce are extramarital affairs, financial struggles, and the lack of communication.

During the 1870s and 1880s, the plural marriage created a crisis for Mormonism. Bigamy was recognized as an offense by the early English ecclesiastical courts, which considered it an affront to the marriage Sacrament. Parliament enacted a statute in 1604 that made bigamy a felony cognizable in the English common law courts.

Throughout time, practices that were once never used, become more common. In the 1600s divorce was a forbidden practice or a last resort. Since then, laws have changed, and so hasn’t the stigma related with divorce. The guilt and fault that divorce once carried has vanished. According to the book Should I Keep Trying to Work it out, “In the United States, researchers estimate that 40%–50% of all first marriages will end in divorce or permanent separation. The risk of divorce is even higher for second marriages, about 60%.” (Hawkins 42). As it became more common for couples in America to separate, divorce gradually became a normal part of so many lives. Why are so many couples separating now? Through research on EBSCO, and other findings, I will attempt to explain this question that so many people ask in today’s world. The divorce rate in America is drastically increasing over time due to new laws, certain generations, and relationship issues.

As long as there has been marriage, there has been divorce. Divorce cases have dated as far back as the 1600’s. Originally, they were simple matters. Men, generally, received custody of the estate, assets, and children. Women would receive nothing. However, divorce reform came around in the 1970’s to fix this inequality. They introduced alimony payments and custody favoring women. With the changes to divorce law, came more complexity in deciding cases. Cases, such as Dan v. Karen, have to take into consideration lost opportunities, appropriate payment, and any future issues that might arise. In Dan v Karen, Karen gave up her job to take care of their children, moved away from her family so Dan could get a job, and provided for Dan when he did

Divorce is a rising social issue in the United States of America, but it is not a new concept. Divorce has been a social issue since at least 1867 when for every 35.9 marriages, one couple were to get a divorce (Huth, 1947). Although divorce is not a new concept, it has become more social acceptance which is raising the divorce rate over the years. Another controversial topic in divorce is when the two people divorcing have a child or children together. Approximately 150,000-200,000 children in the United States of America are affected by divorce yearly (Huth, 1947).

After long and bitter parliamentary debates, the federal Divorce Act was revised. Additional grounds for divorce included desertion, imprisonment, or separation for at least three years plus marital offences of physical and mental cruelty. The new law eliminated the need to appear in court in most cases – often the most personally humiliating experience in the older legal procedure. The law later changed again in 1985, where it eased off yet again, to allow divorces after only a year’s separation. The broad trend in Canada was to make divorce easier. It was accomplished by making it less fault-oriented where most divorce applications to the courts are no longer contested which eliminates the need for a formal court hearing where both parties testify and ask for different things. With “no fault” splits in place, the social stigma of divorce shrank. As more people divorced the stigma weakened further. The cycle continued while the divorce rate soared. In 1951, there had been only one divorce for every 24 marriages, by 1987, one couple divorced every two couples that married (McGovern). In 1993, there were 78 000 divorces across Canada, compared to about 11 000 in 1968 before the new divorce laws came into

According to the Centers for Disease Control and Prevention (CDC), in 2011 there were 2,118,000 marriages in the United States and almost half as many divorces (2013). The CDC also reports that only half of all first marriages will reach their twentieth anniversary. Divorce is a topic everyone is familiar with and it has almost become a normal part of life. While it is assumed that more divorces occur now than in the previous generation, the CDC actually reports that divorce rates have dropped over the past twenty to thirty years, though this could be due to the increase in individuals who live together without ever getting married or those who simply separate and cannot afford to become legally divorced. However, it has become a more

Harvey and Fine say, in their book on the effects of divorce on children, that divorce has increased at a “contagious rate since 1980.” They argue that divorce in America is a “cultural burden of vast proportions,” and insist that the “pain extends beyond the persons who dissolve their relationships to children, parents, and dear friends.” Harvey and Fine

The sanctity of marriage has seemed to have disappeared with the arrival of the 21st century. Though marriage rates have always fluctuated in the past, current events have caused divorce rates to increase. According to recent statistics made by the census bureau, the divorce rate in America is roughly 50 percent. There are a myriad of speculations as to why more people are not staying together. One reason is that people are getting married for the wrong reasons, such as unplanned pregnancies. Another reason is that women have become more independent so that they are not forced in to being in a marriage where they are not happy. Last, lenient divorce laws make it much easier for many couples to get divorced. Combined, these three