Many changes define today’s world. Technology has caught up with society and society has also caught up with technology. Family life is no longer the same with the increased number of millennials ruling the world that was once governed by baby boomers and the generation Z. Today, even divorce has a different face. But the mankind is still grappling with age old problem of divorce. In this article we discuss at length the Past, Present and Future of Divorce.
The Past, Present and Future of Divorce
Divorce: A Legal History
If we look back at the first case of divorce, the changes become even more glaring.
Before there was a concept of divorce, there was the birth of the idea of marriage which is a rite that mostly the privilege enjoyed back in the day. Divorce is a concept the Americans adapted from the British, so history began there.
The very first concept of divorce was granted only to men who are of a particular station in life. Henry the VIII was known as the pioneer of divorce. It was only in the ratification of 1857 when the Matrimonial Causes Act allowed women to enter into divorce settlements.
With the new divorce law, the women who want a divorce under the grounds of adultery must prove that their husbands had been unfaithful, that he is cruel which can be shown physically, that he is guilty of rape, and that he is involved in something incestuous. These factors are hard to prove that some women often give up before they get the divorce that they want.
By 1923, the bill became a little less strict in a sense that the requirements to prove adultery is no longer as big as the previous one, but it was still a tough thing to show.
By 1937, the concept of divorce was no longer just about adultery, and it also accepted the idea that drunkenness could be a source to destroy and ruin the marital vow. There is also the concept of insanity which can be easily proven by professional declaration. The issue of desertion is also a concept that most individuals looked at when it came down to the courthouse for a divorce.
Desertion became a popular concept that changes in 1969 brought about more focus on abandonment. The Divorce Reform Act was passed back in 1969. It was this act that allowed couples to divorce after they separated for a specified period. The main requirement is that couples must already be separated for two years if both of them are filling for the divorce but the period should be for five years if only one is filing for divorce.
However, even with the new changes, the divorce law and the courts still favored men and whether or not they agree with the divorce. The situation only changed in the case of White versus White where Pamela White got more than what she was expecting to get from the divorce. She was initially awarded 800,000 out of their 4.5 million property value.
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The present State of Divorce
The current state of divorce is fairer than it was when it started. In the United States, we have recognized the importance of the spouse that stays at home and their contribution to the relationship. The spouse that stays at home now receives a fair share of the divorce proceeds.
The facts about divorce include the following paragraphs.
First, as of 2016, divorce rates are decreasing because marriage rates are declining. Studies have shown that millennials are now more inclined to get married later in life because of the previous generation.
Second, studies have shown that almost fifty percent of all marriages eventually end up in divorce while forty-one percent of first marriages also end up in divorce.
Finally, every thirteen seconds, Americans are getting divorced. This fact means that every marriage in the United States needs more protection today than it did before.
If you want to fight for your marriage, there are now ways that the law recognizes before any divorce.
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Before the Divorce
Before any divorce or separation proceeding, there are a lot of things that the couple may do.
First, the couple may decide to go on a trial separation. A trial separation is a decision that the couple makes to try and see the life that they would lead once they decide to go on separate ways.
Second, the couple may need to reassess their marriage and see what they can do to protect the marriage. This fact may mean that the couple may go to couple’s therapy or a retreat to take the couple away from whatever troubles they have and remind them once again of the kind of love that they have.
Finally, there is mediation. Mediation is a long process when the couple gets help from the right mediator who can adequately assess their problem and how it should get dealt.
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Mediation and Divorce
Mediation is one thing that is a new thing in a divorce. In cases before, reconciliation between the couple is not possible. This one is primarily because of the advance in relationship psychology; before any divorce happens, intervention is now a necessity.
Process of Mediation to Save Marriage
Finding the right mediator for marriage is like the last stop to prevent the divorce from even happening. Intervention is better than divorce as it has a lot of other advantages.
The process is much less expensive than any proceeding in court, and it is cheaper than attending a series of hearings and paying lawyer’s fees.
Benefits of Mediation
Divorce mediation is also much more successful than any step taken to prevent divorce. It is also often more successful because the end goal is definite.
It is confidential, and no other person than the couple and the mediator would find out about the sessions. This fact means that the couple would get their much-needed help from the system. Individuals can enjoy saying whatever can help them to save their marriage. This confidentiality also ensures that the couples would feel the comfort that they need to have to share the information that the mediator needs to help them.
Finally, the couple controls the process of mediation. Since the goal is to prevent the marriage from falling apart, the couple takes control of it. It is necessary for the couple to feel that the couple is in it for the right reasons; it ensures that the couple would solve their problems.
Mediation is a complicated process. It will test the couple and everything that the relationship stands for. If you need to be more open with it, you would have to be ready to share your experience and open your heart for the mediation.
If you are considering getting a divorce, there are so many things to consider. For one, you should take note of the statistic, and the significant number of people that you know are getting divorced. If you have children, it would be easier for you to consider them above anything else: what is going to happen to them when you get divorced?
However no matter how many reasons you have for you not to get divorced and no matter how ugly the divorce statistics would get, you would need to always consider your situation with all your heart before making a decision.
Author: Khaled Soufi
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