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Complicated laws entangle the divorcing couple into legal hassles and aggravate their unhappy state. Unable to solve through the judicial issues, separating spouses get forced to hire expensive solicitors and fight out long-drawn court battles. This compels the entire family into the court room. Children and other relatives get sucked into the case giving testimony. Moreover, hiring divorce lawyers drains the already sparse family resources. Families slip into extreme economic difficulty following the separation.

Such a situation is extremely difficult for both the spouses, more so for the woman who is a respondent in the divorce case. The unexpected marital termination and managing the entire divorce affair all alone will expose her to the risk of being short-changed.

To prevent victimisation of the aggrieved party and development of such difficult situations, it is necessary that divorce laws be made more easy and relaxed. People intending a split should be enabled to do so quickly and efficiently with their dignity intact.

Liberalise Divorce Laws

‘Marriages are for life’ — every person tying the knot believes so, and aspires for it. However, practical life is much different from lofty beliefs or ideal scenarios.

Usually, people marry (the first time) when they are in their late 20s or early 30s and a few marry young. When they ultimately find it incompatible to live with their spouse, they should be given the freedom to get out of the situation, though divorce laws will leave them trapped in an unsuccessful marriage, and force them to suffer for the next half of a century (General life expectancies in the UK are 79.4 years.).

Stringent laws not only affect the suffering spouses, but also they emotionally damage the children. These innocent victims who live in an environment made despondent by regular insults, fear, and sadness will turn emotionally insecure and develop adjustment problems. Research has proved that if children grow with single parents, in an environment devoid of such negativity, they mature into healthy individuals.

However, at the other end of the spectrum lies an entirely different view-point. Many people fear that if divorces are made extremely easy, people will lose interest to invest adequately in a marriage. They will be less inclined to help their spouse succeed professionally or deliberate long term plans that financially benefit the entire family. Some, therefore, argue against making laws easier and such opponents presumably outnumber the advocates.

Liberal Divorce Laws and Enhanced Divorce Rate

Adversaries of liberal divorce laws also believe that if divorce becomes easier to obtain, married people will contemplate it at the first hint of trouble.

These arguments appear biased. People, who opt for a divorce, are much aware of the negative consequences of their decision. Rarely does anyone terminate a marriage just because the law easily enables them to do so.

Divorce laws must be relaxed so that unhappy marital partners are not made to suffer just because they married wrong. However, to prevent couples from terminating low-conflict marriages, a few measures must be implemented.

Every divorce (where domestic violence is absent) should be granted after ascertaining that couples have tried out marriage counselling. Such sessions develop the communication and problem solving skills of conflicting couples and teach them the value of compromise.

Separating spouses should also be encouraged to evaluate the consequence of their choice on their children, career, financial status and even their health. Such insistence prevents divorce in haste, for those who divorce thus repent in leisure.

Divorce laws should not only be made easier, they should also aim at preventing contested divorces. Families can be safeguarded from the evils of contested divorces by legalising prenuptial agreement for one of the most contended issues during divorce is financial settlement. It should also be made mandatory for all couples to undergo divorce counselling before contesting their case.

Such measures, if implemented, will rid society of the evils associated with divorce. Merely making laws more stringent will only turn families unhappy, and this will harm not only the society but even the nation at large.

Such self appointed arbitrators of moral values and ethics believe that it is their duty to protect the bothersome legal procedures existing in our domestic law that pretend to save the so-called sanctity of marriage. No heed is paid to the marital issue in question and the circumstances governing it.

Historical Perspective

One major reason for this dilemma is the interference of religious ethics in the emerging social issues. During the Roman times, family and marriage came within the ambit of comprehensive state laws with no religious or mystical appendages tagged to them. The establishment of Roman Catholic Church in Europe was marked by an increased interference of the Church in personal and family matters.

Though Protestant reformation in the 1500s supported the bifurcation of the Church and legal matters, still, the Anglican Church carried on with the policies of its Catholic predecessors. So strong was the grip of the clergy in domestic affairs that between 1669 and 1850, only 229 divorces were granted in England.

But now, the time has come to accept that we are a modern, secular society and to sort out the complications created by religious influences in domestic law. Tyrannical divorce laws can no more be tolerated.

Divorce and Accompanying Hassles

Any individual who has faced a contested divorce suit is painfully aware of the fact that legal procedures are always accompanied by massive expenditures in terms of time, money and efforts. Lawyers and judges are seldom concerned about the emotional state of people involved in such a feud and their sense of justice compels them to focus on the more logical issues such as alimony, custody, visitation and division of assets. The irony is that two adult people can sort out these issues in a much more amicable atmosphere, without going through the bother of attending court proceedings. The only impediment in the way of this streamlined approach is the arcane and strict divorce law that is in effect.

Uncountable numbers of lawyers are earning their livelihood through people facing marital problems and a whole industry has developed around such a personal issue called divorce. Even friendly spouses are forced into leveling charges and faults against each other to satisfy the tough legal requirements for getting a divorce. Large amounts of money are wasted in procuring decisions about one’s personal life. People often go bankrupt while pursuing a bitterly contested divorce suit. Do we still have to continue with such nonsense in the name of the law? Does it make any sense to enforce such legal modalities in such a private and sensitive matter as divorce?

Women and Children

It is especially difficult for women who are being divorced to manage the entire affair and not be short-changed. The sense of hurt generated by a divorce situation is further worsened by the mandatory legal hassles. The scars left by a hotly contested divorce suit make the possibility of a successful post divorce rehabilitation and positive co parenting almost impossible. Children have to bear with the consequences of unwholesome domestic affairs in the form of lengthy court hearings. Many a time, they are sucked into the divorce case, giving testimony. The existing divorce laws should be restructured to be in line with the latest developments in the area of conflict resolution and child psychology.

Special Issues

Special marital scenarios marked by emotional abuse, violence, drug addiction and alcoholism do deserve speedy justice in the courts of law. Practically it has been seen that months are spent in establishing and proving the charges against an abusive spouse, resulting in untold suffering and harassment for the victim. Had the existing divorce laws been rational and pragmatic, a lot of victimized spouses would have been saved the trauma of bearing with an abuser because of legal glitches. Justice delayed is justice denied. Hence such stringent divorce laws amount to the denial of justice.

Conclusion

Divorce laws should certainly be made easier and more relaxed so that people who want to split can do it quickly, efficiently and with their dignity intact. A divorce is supposed to be a solution to a problem. What is the fun of continuing with the laws that make the divorce procedure in itself a big problem?

It was always believed, in most parts of the civilised world, that if any two individuals are not being able to lead a happy and contended life together, if their differences seem insurmountable, then they should be granted the opportunity to disengage themselves from their partners.

Thus, as has already been clarified, divorce was not unknown in ancient human societies. However, most marriages in those times were arranged marriages. They had social sanction and the approval of elders.

In such circumstances, a divorce meant social disapproval. It was not termed a healthy practise to follow. The couples also took all possible precautions to make their marriages work. They went out of their way to keep marital harmony intact.

Fear of social disapproval and the reactions from family and friends, fear of even the possibility of being socially ostracized also had its effect on the couples of yore. Thus, even though divorce as such was not unknown, yet it was definitely uncommon.

So, it was that even if the marriages failed to fructify into harmonious relationships, most of the couples chose to still grin and bear it rather than face social ridicule. As a consequence, the divorce rate was very low. Separation from a spouse was also not a common thing.

However, as human society evolved, so did all the laws governing it. The increased participation of women in the workforce translated into greater clout for women. It was soon followed by the women’s liberation movements.

They advocated not only that greater amount of freedom should be granted to women but also that laws should also be made favourable to them. These movements had a great impact on the society and culture of their times.

As a consequence of the above mentioned factors and a more liberal attitude of both the governments and society, the divorce laws were also relaxed. The word divorce no longer had the same kind of stigma attached to it as was the case in the past.

Over the passage of time, the now relaxed divorce related laws were relaxed even further. It was opined that if the couple is not able to face the trials and tribulations of married life together, then they should be provided an honourable way out of their marriage.

The pain and difficulties faced by divorcing couples on account of lengthy and extended divorce proceedings were also a factor in prompting simpler divorce procedures. We had a situation where if the couple wanted to divorce then they could do so with ease.

The era of contested divorce was coming to an end. More and more divorce cases were collaborative in nature and only a miniscule minority of the cases was contested. This continues to be the situation even today.

As more and more single parent families started becoming the norm in British society, the stigma attached to the word divorce also decreased considerably. Today, divorce is no longer looked down upon in society and is an established part and parcel of the same.

Unfortunately though, all the above mentioned factors have given rise to a rather piquant situation. As the divorce laws have been relaxed to a great deal, to help the divorcing couples, marriage as an institution has come under assault.

In today’s day and age, an ever increasing number of marriages are ending in divorce. Most of the marriages break down in the first two years. The couple simply decides to go in for a collaborative divorce and the easier laws help them it through it.

All this is leading to a large number of disrupted families which have been torn apart on account of divorce. This is having a very negative impact on society as a whole. This is not what was initially visualised while relaxing the divorce procedures.

Perhaps time has come to once again tighten the laws and to make divorce a difficult proposition for married couples. This should definitely go a long way in checking the lop sided impact on the society, so that divorce may be granted in extreme cases only.

Divorce refers to the legal dissolution of a marriage. Divorce law refers to the numerous rules and litigation that are related to terminating a marriage. Most states in the U.S. have different laws regarding divorce and when it could be granted. Some variables in these laws include residency requirements or reasons for the divorce.

There are a number of different types of divorce, including fault based, no-fault based, outline, uncontested, collaborative, and mediated. Just about any situation that ends in a pair needing a divorce will fall under one of these categories.

A fault based divorce used to be the only way to cancel a marriage. In this situation, a divorce is only granted if one member of the couple qualifies as at fault. If neither person can be shown to be at fault, the divorce is not granted, stopping the couple from legally remarrying.

With the support of a court system, a non-initiating better half could be divorced against their will in this case.

When the couple can present the case to the courts with a fair and equitable agreement, approval of the divorce is practically guaranteed . If an agreement is not reached, the court could be asked to split the marital property.

Collaborative divorce is a technique that divorcing couples use to come to an understanding on divorce issues. In this situation, the couple negotiates and concluded resolution with the help of a lawyer trained in the collaborative divorce process. Each party is ready to make their own calls primarily based on wants and interests, but with complete information and profession support. Many lawyers claim that the collaborative law can be less costly than other techniques if a contract isn’t reached, any information used during the process can’t be employed in later legal proceedings.

Divorce mediation is an alternative to traditional divorce proceedings. At the end of the mediation process, the parties should have formed a divorce agreement than can then be submitted to the court. Mediation can be a lot less dear than traditional litigation, and parties seem to stick more to mediated agreements rather than court orders.

Although there are a number of different reasons for a divorce to happen, a standard factor that all settlements should have is a divorce counsel. A layer will help folks concerned make monetary and emotional calls that are highly vital, like working with kid custody and property divisions. A barrister with experience in the related field of Family Law would be a great asset. In addition, it is important to chat with a barrister about their experience, the steps concerned in the divorce process and what should be expected from it, and the costs associated with the divorce process.

With all the laws and complicated feelings and situations that can occur, finding a divorce counsel who can offer organization and understanding can be a really valuable asset.

The information you get from this article is it planned to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Divorces are a stressful experience for everyone including the divorce lawyers. IN this article we will discuss the important Aspects of Minnesota Divorce Laws that one must have an idea bout. There are two types of Minnesota Divorces. Absolute divorce and limited divorce. The former is a judicial termination of marriage based on marital misconduct or other types of causes that have cropped up after marriage is legalized. Here after divorce both the people are considered single again. Limited divorce laws are different in each state. They are commonly called separation decree. Here the right to live together is terminated but marriage is not dissolved and status of both parties remains unchanged.

The first important aspect is that to apply for divorce in Minnesota courts it is compulsory that one of the spouses must have been a resident of Minnesota for at least 180 days immediately before the petition for dissolution of marriage has been filed.

Legal Grounds for Divorce in Minnesota could either be `No Fault Divorce’ which includes living separate and apart for 180 days, visible and obvious marital discord affecting the attitude of 1 or both of the spouses toward the marriage adversely. Then there is General Divorce: where irrevocable breakdown of the marriage is the only ground for dissolution of marriage under Minnesota Divorce laws.

The grounds for a legal separation in Minnesota are that the divorce will be granted if the court finds that the spouses really need a legal separation. One of the spouses must have been a resident of Minnesota for at least 6 months before the petition for legal separation is filed as mentioned in the beginning. According to Minnesota Divorce Laws the petition may be brought by both husband and wife jointly as Co-Petitioners. This procedure eliminates the need for service of process or the use of a summons etc.

Another important aspect of Minnesota divorce laws include divorce mediation or counseling requirements which means mediation in the divorce may be ordered in cases where custody of children is also contested. Exceptions are where history of spousal abuse or physical or sexual child abuse is being found or suspected.

Then there is property issue which is a crucial aspect of Minnesota Divorce Laws appropriately termed as Divorce Property Distribution. Minnesota is an “equitable distribution” state and so is the law related to divorce. Each spouse retains his or her non-marital property, like, Property bought before the marriage, gifts and inheritances, and property exchanged for such non-marital property.

Then there are other aspects like Alimony and Spousal Support, Spouse’s Name after Divorce, Child Custody after Divorce, issues related to Child Support after Divorce etc. Each aspect related to Minnesota divorce laws covers the issue in detail.