Laws Related To Divorce



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Should Divorce Laws be Made Less Lenient?

It was always believed, in most parts of the civilised world, that if any two individuals are not being able to lead a happy and contended life together, if their differences seem insurmountable, then they should be granted the opportunity to disengage themselves from their partners.

Thus, as has already been clarified, divorce was not unknown in ancient human societies. However, most marriages in those times were arranged marriages. They had social sanction and the approval of elders.

In such circumstances, a divorce meant social disapproval. It was not termed a healthy practise to follow. The couples also took all possible precautions to make their marriages work. They went out of their way to keep marital harmony intact.

Fear of social disapproval and the reactions from family and friends, fear of even the possibility of being socially ostracized also had its effect on the couples of yore. Thus, even though divorce as such was not unknown, yet it was definitely uncommon.

So, it was that even if the marriages failed to fructify into harmonious relationships, most of the couples chose to still grin and bear it rather than face social ridicule. As a consequence, the divorce rate was very low. Separation from a spouse was also not a common thing.

However, as human society evolved, so did all the laws governing it. The increased participation of women in the workforce translated into greater clout for women. It was soon followed by the women’s liberation movements.

They advocated not only that greater amount of freedom should be granted to women but also that laws should also be made favourable to them. These movements had a great impact on the society and culture of their times.

As a consequence of the above mentioned factors and a more liberal attitude of both the governments and society, the divorce laws were also relaxed. The word divorce no longer had the same kind of stigma attached to it as was the case in the past.

Over the passage of time, the now relaxed divorce related laws were relaxed even further. It was opined that if the couple is not able to face the trials and tribulations of married life together, then they should be provided an honourable way out of their marriage.

The pain and difficulties faced by divorcing couples on account of lengthy and extended divorce proceedings were also a factor in prompting simpler divorce procedures. We had a situation where if the couple wanted to divorce then they could do so with ease.
The era of contested divorce was coming to an end. More and more divorce cases were collaborative in nature and only a miniscule minority of the cases was contested. This continues to be the situation even today.

As more and more single parent families started becoming the norm in British society, the stigma attached to the word divorce also decreased considerably. Today, divorce is no longer looked down upon in society and is an established part and parcel of the same.
Unfortunately though, all the above mentioned factors have given rise to a rather piquant situation. As the divorce laws have been relaxed to a great deal, to help the divorcing couples, marriage as an institution has come under assault.

In today’s day and age, an ever increasing number of marriages are ending in divorce. Most of the marriages break down in the first two years. The couple simply decides to go in for a collaborative divorce and the easier laws help them it through it.

All this is leading to a large number of disrupted families which have been torn apart on account of divorce. This is having a very negative impact on society as a whole. This is not what was initially visualised while relaxing the divorce procedures.

Perhaps time has come to once again tighten the laws and to make divorce a difficult proposition for married couples. This should definitely go a long way in checking the lop sided impact on the society, so that divorce may be granted in extreme cases only.

About the author: James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com

Source: http://www.articlesbase.com/divorce-articles/should-divorce-laws-be-made-less-lenient-330025.html

Frequently Asked Questions

  1. QUESTION:
    What British laws relate to divorce and custody of children?
    If you are going to divorce, where can you find out about what the law says with regard to who gets custody of the children and how they should be looked after?

    • ANSWER:
      just google Uk divorce laws, there are many sites that can help you.try dterry@dterry.demon.co.uk. The English law, most and if not all the time it’s the mothers who get custody of minor children regardless of the cause of the marriage breakdown. And the father usually is asked to leave the matrimonial home and to transfer house title to wife. Child support is usually 15% of father’s income for one child and 23%for more kids. Alimony and pension also is worked out in the divorce claims. good luck.

  2. QUESTION:
    What are California’s laws related to a teenager’s parents divorcing?
    My family lives in California, I have one older brother that’s currently studying in a California University, so he no longer lives in the house. My parents are about to get a divorce, they’ve decided after the divorce, we will sell out house, and after that, each party will receive 50% of what the house is sold for. Property (i.e computers, T.V, furniture) will be discussed during a later time.

    This is where my question comes in:
    I’m 17 years old, and own a Green Card, so I am a legal citizen of the U.S, do I have any rights to do “ANYTHING” in their case of the divorce, this includes: things like custody, child-care programs, anything financially related.
    —> We don’t learn any law-related information in school, so I need to know what usually happens when this type of divorce occurs, and what type of control do I have rights to.
    ANYTHING related to the aftermath of their divorce, and anything related to what happens to our property is relevant, please be detailed and 100% sure what you are replying is factual and not theoretical or hypothetical, thanks.

    **I do not wish to be shady and take money from my parents, or be the greedy teenager (as this question may imply); I merely wish to be knowledgeable of what’s to come, thanks.**

    • ANSWER:
      You are not a citizen.

      You have no rights other than picking which parent you want to live with.

  3. QUESTION:
    Family Law (Relating to Divorce and child custody)?
    I have a 6 year old son with my now ex-husband. He is now on the process of re-marrying his new partner. Is there any way by law I can stop my son from being in the same location as his new wife, as I do not want my son around her.

    Any help would be wonderful, thanks.

    • ANSWER:
      Wondering why your name is Stephen? Are you a troll? Anyway unless the new partner (wife?) is abusive or has legal issues then no, there is nothing you can do about it.

  4. QUESTION:
    I doing a Request for Production of Documents and I need to add a Business Related Document and draft a subp?
    draft subpoena that related to a family law divorce. Not sure of which subpoena to use and how to insert the Business Related Doucments into the RFPD? Help?

    • ANSWER:
      First, when asking a question like that, you need to let us know what jurisdiction you are in. Different jurisdictions have different forms and rules for RFPs.

      Good luck,
      Dana (attorney admitted in 2 states)

  5. QUESTION:
    When you divorce, are you still related to your in laws?
    I have been arguing with my ex-sisterinlaw that once the papers for divorce I was no longer bound to my ex’s family. She claims it is who is right?

    • ANSWER:
      you are related… just like your ex will always have been your wife… the inlaws will always have been your in laws….

      miss manners says to take off the prefixes… dont say step daughter… introduce her as your daughter….

      dont say second cousin.. say my cousin

      dont say step mom.. introduce as your mom

      so you wouldnt say EX in laws….

      i still introduce my first husbands sister as my sister in law and it doesnt bother my new husband at all


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