In this post we will be looking at the meaning of divorce, types of divorce, causes and effects of divorce.
INTRODUCTION.
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash or infidelity. The only countries that do not allow divorce are the Philippines and the Vatican City. In the Philippines, divorce for non-Muslim Filipinos is not legal unless the husband or wife is an undocumented immigrant and satisfies certain conditions. The Vatican City is a state ruled by the head of the Catholic Church, a religion that does not allow for divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975, although from 1910 to 1940 it was possible both for the civil and religious marriage), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991; from 1976 was allowed only for non-Catholics), Andorra (1995), Ireland (1996), Chile (2004) and Malta (2011).
WHAT IS DIVORCE?
legally dissolve one’s marriage with (someone), separate or dissociate (something) from something else, typically with an undesirable effect or Dissolution of marriage is a formal, legal ending of a marriage or marital union by a Court of law. It is otherwise known as divorce. It is trite that for a marriage to undergo divorce proceedings in Court, such marriage must be a statutory marriage legally conducted and evidenced by a valid Marriage Certificate.
TYPES OF DIVORCE.
The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable). In the absence of agreement, a contested divorce may be stressful to the spouses. In some other countries, [where?] when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again if a filing in an appellate court does not overturn the decision.
- Contested divorce
- At-fault divorce
- Summary divorce
- No-fault divorce
- Uncontested divorce
- Collaborative divorce
- Electronic divorce
- Mediated divorce
CAUSES OF DIVORCE.
The following are Causes of divorce based on surveys of matrimonial lawyers. The main causes are:
- Adultery; Extramarital sex; Infidelity – 27%
- Domestic violence – 17%
- Midlife crisis – 13%
- Addictions, e.g., alcoholism and gambling – 6%
- Workaholism – 6%
- Other factors – 31%
According to this survey, husbands engaged in extramarital affairs in 75% of cases, wives in 25%. In cases of family strain, wives’ families were the primary source of strain in 78%, compared to 22% of husbands’ families. Emotional and physical abuse were more evenly split, with wives affected in 60% and husbands in 40% of cases. In 70% of workaholism-related divorces it was husbands who were the cause, and in 30%, wives. The 2004 survey found that 93% of divorce cases were petitioned by wives, very few of which were contested. 53% of divorces were of marriages that had lasted 10 to 15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce. Social scientists study the causes of divorce in terms of underlying factors that may possibly motivate divorce. One of these factors is the age at which a person gets married; delaying marriage may provide more opportunity or experience in choosing a compatible partner. Wage, income, and sex ratios are other such underlying factors that have been included in analyses by sociologists and economists. The elevation of divorce rates among couples who cohabited prior to marriage is called the “cohabitation effect”. Evidence suggests that although this correlation is partly due to two forms of selection (a) that persons whose moral or religious codes permit cohabitation are also more likely to consider divorce permitted by morality or religion and (b) that marriage based on low levels of commitment is more common among couples who cohabit than among couples who do not, such that the mean and median levels of commitment at the start of marriage are lower among cohabiting than among non-cohabiting couples), the cohabitation experience itself exerts at least some independent effect on the subsequent marital union.
EFFECTS OF DIVORCE.
Some of the effects associated with divorce include academic, behavioral, and psychological problems. Although this may not always be true, studies suggest that children from divorced families are more likely to exhibit such behavioral issues than non-divorced families.
- Divorce and relationships: Divorce of couples experiencing high conflict can positively affect families by reducing conflict in the home. There are, however, many instances when the parent-child relationship may suffer due to divorce. Financial support is many times lost when an adult goes through a divorce. The adult may be obligated to obtain additional work to maintain financial stability. This can lead to a negative relationship between the parent and child; the relationship may suffer due to a lack of attention towards the child and minimal parental supervision.
- Academic and socioeconomic: Frequently, children who have experienced a divorce have lower academic achievement than children from non-divorced families. In a review of family and school factors related to adolescents’ academic performance, it noted that a child from a divorced family is two times more likely to drop out of high school than a child from a non-divorced family. These children from divorced families may also be less likely to attend college, resulting in the discontinuation of their academic career. Divorce often leads to worsened academic achievement in children ages 7–12, the most heightened negative effect being reading test scores. These negative effects tend to persist, and even escalate after the divorce or separation occurs.
- Effects on children (Psychological): Children of divorced parents are also more likely to experience conflict in their own marriages, and are more likely to experience divorce themselves. They are also more likely to be involved in short-term cohabiting relationships, which often dissolve before marriage.