Running head Marriage and Divorce
The topic of marriage and divorce is one of the most discussed topics in the world over. This is perhaps due to the fact that it is an issue that affects everybody regardless of race and color. It is a topic that is almost inevitable from discussions.
The institution of marriage is highly regarded in all societies of the world. However, although the institution of marriage is of great importance and plays a vital role I the society, it can also be a source of great pain and frustration especially when it is rocked by problems. This discussion looks in great depths at this important institution and what leads to divorce in marriages (Ahrons, C. 2002).
United States has been ranked among the top countries as far as marriages and subsequent divorces are concerned. Failure of marriages to work and thus leading to separation and divorce has always been there since time immemorial. However what is alarming is the number of marriages that are breaking in the world today with the rate of divorce rising each day.
PART II
A
Researchers have attempted to establish the reasons as to why the rate of divorce has gone up at such an alarming rate. Some of the findings include lack of preparedness when entering this particular institution. According to a research carries out recently many young people are entering into marriage before they are well prepared. As a result they lack the seriousness required to handle a marriage and all that comes with it. On the same issue it has been found out that there is a general misconception of what marriage is especially among the young people. Most young people perceive marriage to be only a relationship where a male and female stay under one roof because they are in love. However what is ignored in this kind of perception are the responsibilities that come with this kind of institution. Upon entering this institution they thus feel overwhelmed with handling all the obligations that come with marriage and end up opting for a divorce (Weitzman, L. 2004).
B
It has also been noted that many laws regarding marriage and divorce have since been relaxed (made flexible) unlike was the case back in the years. Before 2009, divorce could be granted on very strict grounds only like infidelity, desertion, cruelty both mental and physical. This was known as the fault-based divorce meaning that a fault must have been seen to exist in a particular marriage in order for divorce to be allowed. However this has since changed as divorce is granted based on shaky grounds. In such circumstances it is only the aggrieved party who was allowed to apply for a divorce. If the aggrieved party opted not to apply for a divorce then no divorce would take place at all. However after 2009 the no-fault divorce was introduced where a party could apply for divorce without necessarily having to prove to the court the party responsible for the broken marriage. This has been cited as the major cause of high rates of divorce as people can simply divorce as they wish (Ahrons, C. 2002).
C
This law has been greatly contended by many people citing that during the fault based divorce law the rate of divorce was not as high. They argue that when it is made easy for people to divorce, they will always opt for dissolution of their marriage rather than make an attempt to repair it. Statistics indicate that after the fault based divorce law was dropped, more cases were of divorce were reported with the cases increasing by about 15.
PART III
A
In her book, The Divorce Revolution, Lenore Weitzman argues that no-fault divorce has since turned marriages into institutions that are expected to last for only a period of time. This is opposed to the greater understanding of marriage, which is supposed to last for a person lifetime (until death). Marriage is no longer a commitment but a simple arrangement that can be rearranged any time without giving any reason for it (Weitzman, 2004).
The no fault divorce seems to be giving the villain more power so that one person in marriage is given more power to divorce which power overrides the power of the other spouse who would wish to remain married. Thus in this particular case the hero is the person who wish to end their marriage as they are bale to do so without having to put much effort.
B
On other hand, those who are support the no fault divorce law argue that this law has nothing to do with the high rates of divorce that has characterized todays society. According to writer Hanna Rosin causation is not proved by correlation. According to her divorce rates have been going up as the years go by and the laws that have been put in place in regard to marriages and divorce have only a very small contribution as far as the rates of divorce are concerned. She therefore argues that taking people back to the fault based divorce days will not help in any way to reduce the number of divorce cases. It is further argues that bringing back the fault based divorce law would only work to hurt the very families that the law is supposed to be protecting,. This is because during divorce proceedings there must be substantial evidence that one part in the marriage is at fault. This brings about a tussle where one party is accusing another of a wrongdoing which the other party is not accepting. This kind of battle makes divorce proceedings very painful, frustrating and brings about negative psychological effects to both spouses and most importantly the children of the marriage (Macy, C. 2009).
C
The author of Good Divorce Ahrons, is of the opinion that no fault based divorce are more civilized in that spouses in marriage do not have to fight so much in an attempt to prove the wrongdoing of the other party as is the case in fault based divorces. The pain of children watching their parents separate is thus reduced as the tussle is not there.
The manner in which divorce laws should be implemented and effected has taken a center stage for many years now. This is because everybody recognizes the importance of marriage and family in every society. The only difference is that every person has hisher own approach of how best family should be preserved (Weitzman, L. 2004).
PART IV
In my opinion I believe that the fault-based divorce laws are the way to go. This is because although institutions of marriage can be somewhat difficult to manage, the role they play in the society cannot afford t be ignored. For that reason therefore all measures must be taken to ensure that these institutions work regardless of the hardships. Spouses I marriage must not be made to believe that when things seems very tough in their marriage the easier option is to back out. In this society a person who has many problems cannot be advised to forget hisher problems by indulging in drugs. Similarly encouraging spouses to divorce because their marriage is facing hardship is not the solution. Instead couple should be encouraged to work out their marriages and be constantly reminded of the blow their divorce may have on their children (Ahrons, C. 2002).
A marriage should be allowed to undergo divorce upon substantial and concrete evidence that such a marriage is irretrievably broken meaning that no actions can serve to repair such a marriage. Instead of making it easy for couple to break up better measures need to be taken to ensure that marriages are strong. Some of these measures include looking into the root cause of divorce and attempting to curb them (DiCanio, M. 2005).
Conclusion
I am therefore totally opposed to divorces and I believe that all religions would rally behind me in support. All religions believe in the preservation of marriage as it is one of the highly held institutions of society. Let us all work towards making marriages work instead of opting for the easier way, divorce.
0 comments:
Post a Comment