Many people today feel that, in 1969, Governor Ronald Reagan made what turned out to be one of the biggest mistakes of his political career. He signed the nation’s first no-fault divorce law, introducing an alternative to the now defunct fault-based divorce system. Prior to this law, couples could only file for divorce if a fault, such as adultery or cruel or inhuman treatment, had occurred. Sanford N. Katz, a Professor of Law at Boston College who received his A.B. from Boston University and J.D. from the University of Chicago, insists that divorced Americans suffered under the fault-based divorce system. He says fault-based divorce commonly led to secret collaborations between attorneys, judges, and defendants, and influenced the assignment …show more content…
Since the inception of the no-fault law, divorce rates in America have increased. Wardle found that twenty-five of the thirty-five states with no-fault divorce laws in effect before 1980 experienced increases in divorce rates. In eleven states, the rate of divorce was more than twice the previous rate of increase (Wardle). Michael S. Berger, a Columbia University graduate with a Ph.D. in Philosophy of Religion, believes the entire family suffers when the parents are unhappy or are in conflict. However, the parent’s respective happiness should not be the sole basis for the decision to dissolve the union (Berger). Of all parties involved in a divorce, children have fared the worst. Jennifer Tyree, who received her B.S from the University of Tennessee and her J.D. from The American University, believes the innocence of childhood evaporates the day the parents announce divorce (Tyree). Step-families, a decline in income, a stressed single parent, or a family move are all dramatic adjustments for children. Today, the high school drop out rate of children with divorced parents is thirty-one percent, compared to thirteen percent for children with married parents (Wilcox). When divorces are handled in court, it is not uncommon for the judge to make biased decisions on factors such as child custody and property. An unjust divorce leads to bitterness between spouses. In many cases, …show more content…
Tougher reforms and divorce laws may incline people to avoid rash commitments to marriage (Berger). Larry Spain, a Professor of Law at Texas Tech University, believes that the lack of any unified basis for the granting of alimony has led to inconsistent decisions on spousal support (Spain). Equal treatment for both spouses, an extension of the Federal Healthy Marriage Initiative, and expanding the child tax credit are all future actions legislators can take to improve the effects of the current divorce law. Wilcox feels that equal treatment of both spouses can be achieved if courts are allowed to factor in spousal conduct and provide the divorced spouse with preferential treatment. The Federal Healthy Marriage Initiative can strengthen marital and family relationships by providing low-income families with the programs they need to sustain their marriages and build relational skills (Wilcox). Raising children is expensive. Expanding the child tax credit will provide additional financial relief to low-income
A divorce was only allowed if a spouse was committing or showing habits of adultery, habitual drunkenness, mental illness, laziness, and cruelty. Only one out of fourteen reasons had to be proven in court for a divorce to occur (Timeline.awava.org.au). The biggest change made by the FLA (Family Law Act) was the elimination of matrimonial fault (Monahan, 1998, 64). The change of the divorce law in 1975 benefitted married couples who wanted a divorce without having to show evidence of problems within the marriage and this is exemplified in the divorce rate statistics. In the years between 1959 and 1974 divorce rates were below 20’000 a year.
Studies also show that children who have gone through divorce are more likely to get lower grades and are considered less pleasant to be around by their peers and teens who live in a single parent or blended home are three times more likely to need psychological help within a year. These choices are already made for the children and they have
83). Although it is a relatively common occurrence in today’s society it is still a stressful situation and entails a number of changes for children and their families. The impact on the child/ren’s (family’s) microsystem may have a ripple effect; therefore the stressors need to be addressed. Information has been included on how to help their child/ren with divorce in general and the types of behavioral changes parents and/or caregivers can watch out for. Children need structure especially during a time when the world as they know it is undergoing such a drastic change.
Divorce was truly a rarity during the 1950s. According to (Wilcox, 2009), the divorce rate was less than 22 percent in the year 1950, but it more than doubled to 50 percent in the year 1970. Former President Ronald Reagan’s no-fault divorce bill, which was signed in the year 1969, was one of the reasons why the divorce rate increased. Back then, in order to proceed with a divorce one must present the spouses wrong-doing. Today, because of the no-fault divorce, gives the spouse the opportunity to depart from marriage for no reason at all.
During the late 1800’s, divorce was a word affiliated with “Tyranny, Misrule, and Injustice” (“Divorce and Desertion” 2). It all started in 1849, when divorce was made federally illegal. The punishment was harsh, having women put to death or thrown in prison for “abandoning their mate,” and the punishment usually fell upon the woman. As a result, many women were trapped in abusive relationships, many of which ended up with the woman fleeing or being worked to death. If a woman ran from her husband, the law was involved.
The responses of children should be considered in the aftermath process of divorce (Moon, 2011). Children worry about living arrangements and what is going to happen after their parents have divorced. When a couple is unhappy, the children will also be unhappy. The situation may change for the better when parents divorce, which in turn helps the child be in a better state of mind. The level of tension may be lifted in the household and children may feel more relaxed.
Divorce “Some people believe holding on and hanging in there are signs of great strength. However, there are times when it takes much more strength to know when to let go and then to do it.” – Ann Landers. This quote by Landers hits close to home for me. Being a child of parents who divorced in my adolescent years, I understand that it took them more courage and strength to separate instead of sticking it out for my siblings and I.
Fiyinfoluwa Olufemi Professor McCaffrey ENG 1102 09 February 2016 Annotated Bibliography: Are adult children of divorce more likely unable to form an intimate relationship? Clarke-Stewart, Alison, and Cornelia Brentano. Divorce: Causes and Consequences. N.p.:
The division of assets in a divorce is riddled with conflict, the value often varies according to the assets relative worth to each of the parties. Although divorce is stressful enough, even more painful is the determination of custody as children are not assets and cannot be divided. During divorce, children have already been affected by the divorce, and could be further impacted by a custody battle. Attorneys and courts are in constant battle to determine which parent would be the better primary caregiver and custodial parent. The legal system and psychological associations have come up with many ways to evaluate and help the legal process with the determination of child custody.
1.3 The Purpose of the Study I am conducting my study in order to investigate the perception of children between the age of 11 and 18 regarding the probable or the actual divorce of their parents. 1.4 The Intellectual Aspect The study will examine the psychological effects of divorce on children according to their own points of view 1.5 The Domain of the Study the question of the
With divorce comes many negative reactions and coping mechanisms. Famous psychologist John Bowbly, who introduced the Theory of Attachment between parental figures and children when born, attributed two main emotions that come as a package when divorce is present: anger and hostility. Negative emotions are directly linked to how the adults in the situation handle the divorce. It is stated that if parental figures show anger and hostility before, after, and even during the divorce, the children involved will learn from their behavior and replicate it as a “normal model”. This is what Bandura called “The Social Learning Theory”.
As divorce has become more common place in society, millions of children affected by separation of the nuclear family. For children, it is very hard to lose a parent because they just a little children that did not known what the situations really is. Also, a child 's life becomes more stressful because of the losses of parental support and economic. Significantly affect the child 's welfare. Since many children do not adapt well, their behavior is affected.
Divorce is categorized as the greatest threat to marriage since this occurrence is likely to destroy the quality as well as steadiness of families and children globally. Even though the divorce number has rapidly increased in the United States and globally, it is worth noting that the number of married couples and children that are growing up in complete families is also on the rise than when compared to the period of divorce revolution. Cohabitation is one of the underrated marriage threat in the modern society. This is because most individuals live together not just because they are a part of each other but mainly because they are focused on reducing their life struggles as well as raising their children (Evans,
In this essay we are going to discuss the causes and effects of divorce on children. Divorce is a very painful process for both the children and the parents. We are going to start by looking at the causes of divorce. These causes vary from one family to another therefore we are going to discuss the most common causes. Sharlene (1995 ) states that there are many causes that lead to divorce.