Divorce in General
A divorce is a legal ending of a marriage. It occurs when two spouses feel that a legal separation is the only way to put an end to their problems such as, differences in goals, financial difficulties, or poor sexual relationships. Most countries including United States and Canada permit divorce only in certain circumstances. Countries like Ireland and Philippines prohibit divorce because divorce rips apart families, the base of society, the base at which society is built around.
A couple that is wishing to proceed with a divorce first fills out the proper papers and returns them to court. Making the arrangements for alimony, child custody and support, and division of their property. They then appear in court in front of a Judge who listens to their arguments by which they want to end their marriage, and then decides weather or not to grant them a divorce. In the past, the judge order the man to pay considerable alimony, give up some of their property, and take on most of the responsibility of supporting their children. There were two main reasons for this, first, majority of divorced women did not have a job and needed money to help support the children. Secondly, because the man was the “guilty” spouse and the guilty spouse could not receive alimony. Today Judges realize that woman have qualifications for well paying jobs and do not need to be supported fully by their ex-husbands. They can also file for no-fault divorces. No-fault divorce is when neither side is labeled guilty. Some people oppose no-fault divorces because they believe such divorces can be obtained too easily. They feel couples can end their marriage without there being a real good reason, and that the couples should consult a marriage counselor. The divorce process is easier under the no-fault laws then the fault laws. Therefor can sometimes be obtained by couples without lawyers. Some judges oppose this type of divorce because often the protection of the children and spouses are overlooked.
Child Custody and Support
In the early and mid 1900’s, Judges almost automatically granted custody to the mother. They believed that children should not separate from their mother. Today, many Judges realize that the children might not be better off with their mother for various reasons such as drug addictions or criminal records. These reasons might also be true when they do not grant custody to the father. The Judge, in some situations, might ask the children which parent they want to live with, then consider visit rights for the other one. If the court changes their decision for any reason, the children might have to move, but this is prevented if possible because such a move can be very emotionally harmful on the children. The child might feel torn between their parents, and will not choose a side in fear of harming the other ones feelings. Children often find it hard to deal with a divorce mainly because they are too young to understand that this is probably the best thing for the family and each parent.
The divorce rate in the United States is the highest in the world today. This is mainly accounted for because of 4 major reasons.
1. Divorce is more socially acceptable than ever before.
2. Many people going into marriages expect more out of it then they did in earlier generations, and so they are more easily disappointed with the outcome.
3. More high-paying jobs are available for women, and these opportunities have made women less dependent on their husbands.
4. Changes in divorce laws have made it easier to obtain a divorce.