Divorce has been around since ancient times, but the concept of divorce today is vastly different from what it was in the past. In the past, divorce was often seen as a negative moral judgement and frowned upon. It was not uncommon for a woman to be seen as inferior to her husband and denied the right to initiate a divorce. In some cases, women were even legally barred from divorcing their husbands. In the Middle Ages, divorce was prohibited by the Catholic Church, and only very rare cases were granted a divorce (Hunter, 2018). This meant that couples were unable to separate and had to remain married, even if they were unhappy. The concept of divorce has evolved significantly over time.
In the 19th century, some states began to pass laws allowing couples to obtain a divorce. This was a major shift from the traditional view of marriage as a life-long commitment. By the early 20th century, all states had laws allowing for divorce, and the concept of “no-fault” divorce became popular (Ortiz-Ospina & Roser, 2020). This meant that couples could get divorced without having to prove that either party was at fault. Today, the legalities of divorce vary from state to state, but in general, the process is fairly straightforward. Generally, a couple must file paperwork in court and wait for a judge to grant the divorce. The specifics of the divorce proceedings, such as the division of assets, child custody, and alimony, are determined by the court.
There are two types of divorce: contested and uncontested. A contested divorce is a type of divorce where the parties involved are unable to agree on the terms of the divorce, such as the division of property and debts, spousal support, and even child custody and visitation (Sheykhi, 2020). In this situation, the parties must go to court to have a judge decide these matters. In some cases, the court may refer the parties to mediation, where a neutral third party will attempt to facilitate an agreement. If an agreement is not reached, then the case proceeds to trial, and a judge will make a decision based on the evidence presented. The process can be lengthy and expensive, and the outcome is often unpredictable.
An uncontested divorce is a type of divorce where the parties agree on all the terms of the divorce and submit them to court for approval (Sheykhi, 2020). This includes the division of property and debts, spousal support, and child custody and visitation. This type of divorce is usually quicker and less expensive than a contested divorce. The parties must draft and sign a marital settlement agreement and submit it to the court for approval. The agreement should be reviewed by both parties’ attorneys to ensure that it is fair and legally binding. Once the agreement is approved by the court, the divorce is final.
No matter which type of divorce is chosen, it is important to remember that the process can be difficult and emotionally draining. It is important to seek help from a qualified family law attorney who can help you navigate the legal process. The attorney can help you understand the legal implications of the divorce and ensure that your rights are protected. Additionally, seeking the help of a mental health professional or support group may be beneficial to help you cope with the emotional aspects of the divorce.
Divorce can have a lasting impact on children of all ages. Sociologically speaking, research has demonstrated that children of divorced parents are more prone to experiencing anxiety and depression, have lower self-esteem, and struggle with academic performance (Fares et al., 2022). They are also more likely to become involved in criminal activities, abuse drugs and alcohol, and engage in risk-taking behaviour.
Furthermore, children of divorced parents may feel a sense of abandonment and insecurity (Asanjarani, et al., 2022). They may struggle to form meaningful relationships with others and may even feel that it is their fault that their parents got divorced. This can lead to a range of psychological, social, and emotional issues that can have long-term consequences for these children.
For example, research has shown that children of divorced parents are more likely to suffer from anxiety and depression (Asanjarani et al., 2022). They may feel overwhelmed and isolated from their peers or struggle to maintain healthy relationships. Furthermore, these children often have lower self-esteem, which can lead to difficulties in their academic performance, as well as in forming positive relationships with others.
In addition to psychological effects, children of divorced parents are more likely to be involved in criminal activity, abuse drugs and alcohol, or engage in risky behaviour (Josephine et al., 2019). This may be due to a variety of factors, including feelings of insecurity, abandonment, or a desire to be accepted. It can also be a result of a lack of guidance or discipline from their parents.
Overall, it is clear that divorce can have a lasting impact on children. It is important for parents to be aware of the potential psychological, social, and emotional effects of divorce on their children. It is also important to provide children of divorced parents with understanding, support, and guidance to help them cope with the changes in their lives.
When discussing the concept of divorce, it is important to consider the various factors that can lead to divorce. Marriage is a complex institution, and its success is dependent on many factors, such as communication, trust, and financial security. Additionally, social problems, such as infidelity and abuse, can have a major impact on the stability of a marriage (Mohlatlole et al., 2018). In some cases, these social problems are purposely addressed by national laws and policies in order to minimize the risk of divorce.
The family is the first social institution, and it is essential for the development of children. It is through the family that children learn values, manners, and skills that will help them throughout their life. Therefore, it is essential to consider the psychological impact of divorce on both children and adults. Research has shown that divorce can lead to depression, anxiety, and a lack of self-confidence (Asanjarani et al., 2022). Additionally, divorce can lead to financial hardship, which can further exacerbate the psychological effects of divorce.
When discussing the concept of divorce, it is also important to consider the various theories that have been developed to explain divorce. One of the most prominent theories is the functional-structural theory, which suggests that marriage and divorce are both social institutions that serve a purpose in society (de Bel & Van Gasse, 2020). The functional-structural theory also states that the dissolution of marriage is related to the changing needs of society and the changing roles of individuals within a society.
In modern society, divorce and marriage are both common and accepted, and the rate of divorce has more than doubled in the past fifty years. This is due, in part, to the increased acceptance and accessibility of divorce, as well as to the changing roles of men and women in society.
Finally, it is important to consider how this topic applies to First Nations/Indigenous People and Communities. In many Indigenous cultures, the family unit is seen as the foundation of the community, and the dissolution of a family unit is seen as a major disruption to the community. Additionally, Indigenous communities often lack access to resources and support for families going through a divorce, further exacerbating the effects of divorce on children.
In conclusion, divorce is a complex issue that affects individuals, families, and communities. It is essential to consider the various factors that lead to divorce, the effects of divorce on children, and the various theories that have been developed to explain divorce. It is also important to consider how divorce affects First Nations/Indigenous People and Communities and to ensure that resources and support are available for families going through a divorce.
References
De Bel, V., & Van Gasse, D. (2020). Knotting the safety net. A multi-actor family network approach in divorce research. In Divorce in Europe (pp. 237-249). Springer, Cham.
Fares, K., Haddad, C., Malaeb, D., Sacre, H., Akel, M., Salameh, P., … & Hallit, S. (2022). Social Anxiety and Its Correlates Among Lebanese Adults: Role of Self-Esteem, Depression, Alcohol Use Disorder, Alexithymia, and Work Fatigue. The Primary Care Companion for CNS Disorders, 24(1), 39101.
Hunter, D. G. (2018). Did the Early Church Absolutely Forbid Remarriage after Divorce. Vergentis, 6, 43.
Josephine, M. T., Andrew, C. T., & Stephen, M. K. (2019). Investigation of the socio-economic factors that influences deviant behaviour among the youth: A case study of Madonsi Village, South Africa. Gender & Behaviour, 17(1), 12630–12648.
Mohlatlole, N. E., Sithole, S., & Shirindi, M. L. (2018). Factors contributing to divorce among young couples in Lebowakgomo. Social Work, 54(2), 256–274.
Ortiz-Ospina, E., & Roser, M. (2020). Marriages and divorces. Our World in Data.
Sheykhi, M. T. (2020). World perspective od divorce in selected countries: A sociological appraisal. Middle East Journal of Family Medicine, 18(6), 66-70.
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