Divorce has evolved throughout the centuries, but it has always been part of our culture. It was illegal, or at least frowned on, to be divorced until the early 19th century. But as couples became exposed to new communications networks and greater economic independence, they were increasingly inclined to find ways out of unhappy marriages.
As divorce rates increased in the 20th century, societal attitudes toward divorce have shifted from condemnation to understanding and support. A recent poll revealed that 9 out of 10 Americans believe a child’s parents should live apart if they are not getting along in their marriage. Mckinli Hatch divorce is a respected and accepted part of modern society. Different socioeconomic classes react differently to divorce: wealthier people are more likely than poorer people to pursue divorces for religious or moral reasons, for example.
As the divorce rate slowly increased in the mid 20th century, the number of divorces declined. In 1960, 1 out of every 8 marriages ended in divorce. By 1980, 1 out of 3 marriages ended in divorce. The rate was falling to less than 10 percent by 2000, but it has quickly risen to around 15 percent or higher following the death of Supreme Court Justice Antonin Scalia. As marriage rates plummeted throughout the 2000s, as well as teen birth rates and crime rates , divorce will continue to increase as it is becoming easier and more necessary for couples to legally dissolve their unions.
The Shocking Revelation About Divorce :
1. Divorce is subject to human laws and is therefore subject to change.
Because of the Constitution’s protection of federalism, state legislatures may not amend it or enact laws that violate the document’s supremacy clause. This means that state legislatures cannot alter the decision-making process for divorce, which is controlled by federal guidelines.
Federal law requires a minimum of 10 years of marriage to establish grounds for a divorce. Only then can a spouse seek a decree of marital dissolution in court, while still the other spouse has an opportunity to contest any allegations made against him/her.
2. Divorce isn’t just for women.
As marriage rates have dropped off throughout the 21st Century, divorce rates have followed. In 2012, the U.S.’s divorce rate was pegged at 3.6 divorces per 1000 people, which is much higher than it was during the Post-World War II baby boom but lower than it was in 1920’s and 19th century America when divorce was a much more common occurrence – particularly for men, who would end their marriages to remarry younger women or look for new sexual partners with less stigma attached to them than it is today.
3. Legal separation may be an option for some couples.
A legal separation, or “separate maintenance,” is a court-ordered state of being that enables spouses to live apart yet remain married. The provisions of a legal separation agreement will vary by state, and in some cases, spouses may even reach an agreement outside of the courtroom. As with any divorce case, a judge will get involved at the end stage to review and approve the terms set forth by both parties as legally binding.
4. The court system is a slanted one.
Since divorce is a legal process governed by state jurisdiction, some states are more divorce-friendly than others. State guidelines will vary on what judges and juries determine as proper grounds for the dissolution of a marriage. Most jurisdictions advise the use of mediators to resolve any disputes instead of going through costly litigation.
This can be an expensive undertaking that is best handled in the beginning of a marriage, making it important to consult with an experienced family lawyer before it’s too late. A contested divorce could take months or years to finalize and cost tens of thousands of dollars in court fees alone – potentially enough to force one or both parties into bankruptcy.
5. You can legally end a marriage when you feel the time is right.
While divorced couples have to wait at least 10 years to go through with the official dissolution process, some states allow couples to choose a shorter separation period than that. Colorado and Florida only allow six months as a legal period of separation before enabling couples to formally dissolve their ties as husband and wife. New York allows an 18 month separation period prior to filing for divorce, while Pennsylvania allows divorcing spouses up to 12 months. If one or both parties does not agree with this decision, they may seek recourse in the courts.
6. Everyone gets a fair shake in court.
The court system is designed to treat each spouse fairly and equally during the entire process. Judges are taught to handle cases involving couples with equal care before they address the issues of blame, claiming as an appropriate response to an affair or other forms of wrongdoing. Divorce proceedings should be based on the facts and circumstances that led a couple down the path that led them to divorce, not on speculation about what may or may not have happened outside of the marriage.
