Critical Thinking About Nofault Law In Divorce

Essay, Research Paper

Divorce

The divorce is a legal ending of a marriage. It occurs when two spouses feel that a legal separation is the only way to put an end to their problems such as, differences in goals, financial difficulties, or poor sexual relationships. However, most people, when thinking about divorce, worry about the impact that it has on their children that are involved. Besides, a reason that at least half of our marriage fail is divorce laws. There have been many laws concerning divorce enforced in the United States that allow a quicker processing time. Maggie Gallagher, an affiliate scholar at the Institute for American Values, appointed about law in divorce such as why makes divorce easy? . These laws, often referred to as ?no-fault?, grant a divorce to a couple even if only one spouse applies for it. There are three reasons that support about no-fault divorce.

The first reason is the no-fault attitude towards divorce encourages casual actions in marriages. For example, in the Journal of Marriage and the Family suggests that divorce rats increased from 15 to 25 percent as a result of the no-fault divorce laws. If we make an easier for divorce then we can decrease the quality of marriage. In addition, all marriages go through bleak times such as they don?t angry together about any problem in their life, or he/she wants the spouse acts along his/her ways; therefore, making one partner often think about comfort through divorce. Instead of resolving problems in a healthy manner, divorce through the no-fault laws is quickly utilized to provide escape. Besides, under no-fault laws, divorces today are no less angry. For instance, in her book Second Chances, Judith Wallerstein found that about half of all the couples she studied were still locked in bitter conflict five years after divorcing.

The next reason is no-fault divorce laws allow one partner to dissolve a marriage for any reason or for no reason at all. In the past, divorces as well as marriages had to occur as a contract or an agreement of responsibility. Through the no-fault, however, marriage can be dissolved by the wishes of only one spouse. In addition, many people believe that courts should treat marriages as any business contracts and thus divorce should be considered a breach of a legal agreement. If courts treated business contract as they now treat the marriage contract, and systematically favored the party that wished to withdraw, the direct result would be the collapse or decline in the economy. Furthermore, no-fault divorce agrees that it strengthens marriage because couples can leave bad marriages and make better ones. But the opposite has happened. For example, the University of Texas has pointed out that after 25 years of no-fault, there is as many unhappy marriages as ever, and far fever happy ones. Therefore divorce is a complex and painful process for both the children and the whole family system. Whether we like it or not, access to dissolve one?s marriage and to seek alternative partners has become a part of our culture.

The last reason is divorces have also become more common through out the no-fault laws. No-fault divorce is when neither side is labeled guilty. Some people oppose no-fault divorces because they believe such divorce can be obtained too easily. They feel couples can end their marriage without there being a real good reason. The divorce process is easier under the no-fault laws. Therefore the divorce rate will increase faster. In the late ?60s and mid-?70s a couple would divorce in first five years of marriage jumped by one-third. Besides, the no-fault divorce had led to a surge in the divorce, no surprise to anyone who has ever been married. However, we should not shift the blame divorce for no-fault law. No-fault laws have their right sides. Sometimes the husband drinks the drug or listens to from his friend; he comes home and has the bad things with his spouse. So, his spouse want to divorce him, but if there is no-fault divorce then the spouse will have a long day?s series beside the husband she wants out of. No-fault divorce created many confortable conditions for the spouse developing their rights in the freedom society. Some couples say that their life is better than after they divorce. I think the increasing of divorces are caused by the environment, the society, no-fault laws protect the right of women when they meet the scenes of violence in family. In additional we have to understand that the purpose of making divorce more difficult is not to torment a couple into staying together but to give weight to the original contract, to put the law on the side of those who say: wait, think, reconsider. Something of inestimable value such a commitment to love and care for another human being is about to be lost. Also, there are many ways the marriage can be saved as from friends, neighborhood or advisors when having a violent in family.

In conclusion, divorce is complex outcome, neither intrinsically good nor bad. Whether divorce is a positive or negative outcome depends on the issues in the specific family we are considering. The no-fault laws concerning divorce in our country are contributing to the moral decay of our society and should not be enforced. Our divorce laws define what the commitment to marriage is, and they should treat marriage as a business contract. Children should be taken into consideration when divorce is considered, as the results of a broken family can be mentally detrimental to children. The no-fault laws have encouraged casual attitudes towards the bond of marriage, and they have caused a steady increase in the divorce rate in the United States. Divorce would be avoided in our society if we try harder and we are more concerned about marriage and family.