Divorce

A detailed Summary of Divorce

A dissolution, or divorce was created legislatively. It's a legal termination of a marriage no longer considered workable by one or both of the parties involved. Divorce then allows both spouses to remarry. Divorce laws, rates, and effects (on society and children) have changed considerably over the years. I feel that the change is good but not yet complete. We need to work this into our society a little more smoothly, if nothing else for our children.

Before 1857 in Britain, the only way to remarry was by getting an act of parliament. You had to be given a separation decree by an ecclesiastical court. In order to get this decree from this court one would have to prove some wrong doing by the defendant to the plaintiff, mainly that of adultery. This system reflected the Roman Catholic origins of the English domestic relations laws. Early American colonists brought this fault-based system to the New World. Ecclesiastical courts diminished in Britain in 1857. The absolute divorce was enforced. This was contained because of the belief "What god had joined together, albeit through he auspices of the state, no man might put asunder." (Feldman, 36)

The state has a great interest in maintaining stable marriages.

The change in the stigma related to divorce has changed drastically over the past century. Feldman give a perfect example of a "might have been" in the case of F. D. Roosevelt. She explains in the beginning of her article the possibilities that would have come had Eleanor Roosevelt filed for divorce when she discovered that her husband was having an affair. Besides being disowned by his family because of the disgrace, he would not have been able to hold the position he did, nor would Eleanor. She gives another true example later in her article as related to Andrew Jackson. His case would have benefited if the no-fault laws had been in effect. His wife has been through a divorce and it was of the public's information that she was the guilty culprit in the matter. This pointed to Jackson as the associate the persuaded her actions.

A plaintiff can be denied a divorce if they are guilty of any of the following. One, condonation, or forgiveness, to the defendant for his behavior that gave grounds for the divorce; Two, recrimination, or plaintiffs who have had themselves given grounds for divorce were not allowed help from the court. The result of recrimination was that if both parties wanted a divorce so badly that each provided grounds, neither could end the marriage; Three, connivance, or proof that the plaintiff is responsible for the defendant's behavior; And lastly, collision, if the plaintiff is proven to have conspired with the defendant in order to find grounds for a divorce they would not be able to get a divorce. (Holland 86)

------------------------------------------------------------------------

Many suffrage groups worked together to have drunkenness permanent grounds for divorce. This left them in a difficult position, groups like The General Federation of Women's Clubs wanted to protect women but not release women altogether. This stood true for the Woman's Christian temperance Union, who also wanted to defend women in poor circumstances, which resulted from their husband's behavior, but were against the liberation of women in general. (Feldman 38)

Lewis C.S., The Great Divorce, 1999 p. 68-79

Each state has different grounds that would permit a divorce. Before 1967, adultery was the only grounds for divorce in New York. The difficulty in getting a

Some common words found in the essay are:
World Ecclesiastical, Andrew Jackson, Divorce Act, , Woman's Christian, Arizona Louisiana, Dominican Republic, Eleanor Roosevelt, United Britain, Roman Catholic, grounds divorce, help children adjust, help children, else children, history divorce, mexican divorce, children adjust, divorce decree, holland 86, parties divorce, children divorce,

Approximate Word count = 1552
Approximate Pages = 6 (250 words per page double spaced)

Category: History