Divorce in the United States

Divorce in the United States

Divorce involves the recognition that a marriage has hopelessly failed

and that at least one of the partners has no desire to continue the marital

relationship. Divorce legally dissolves a marriage, and permits the partners to

remarry if they choose. Divorce differs from an annulment, which declares a

marriage invalid because of some flaw in the contract.

The early American settlers brought with them three different views on

divorce: 1) the Roman Catholic view that marriage was a sacrament and that

there could be no divorce; 2) the English view that divorce was a legislative

matter; and 3) the Protestant view that marriage and divorce were secular

matters to be handled by the civil authorities.

The Constitution of the United States did nothing to limit the rights of

the states to enact their own laws governing marriage and divorce. Despite

several efforts to amend the Constitution, to allow Congress to pass federal

legislation on divorce, to this day the states retain separate laws. Because

divorce laws vary from state to state, the "migratory divorce" developed:

couples would move temporarily to a state where divorce was easier to obtain

than at home. For example, a couple living in New York State, where until 1967

the only grounds for divorce was adultery, would establish residence in Nevada -

- a procedure that took only 6 weeks -- and file for divorce on grounds of

mental cruelty.

Popular attitudes toward divorce changed as the United States became

more urbanized and less religious. The increasing acceptance of divorce was

reflected in court interpretations of existing laws and in new legislation

enacted by the states. Two tendencies merged, making possible the establishment

of new and easier grounds for divorce. The focus of state divorce, which

previously concerned itself with specifying legal grounds for divorce, shifted

to criteria concerning the breakdown of the marital relationship. This could be

seen in conditions that allowed divorce for alcoholism, drug addiction, or

nonsupport. Another tendency permitted divorce if both parties gave of

voluntarily separating and living apart for a specified period of time. For

example, in 1967, New York allowed divorce for couples who had been legally

separated for 2 years, eliminating the search for a guilty party. In 19...

... middle of paper ...

...lo parenting, and stepfamilies /

Genevieve Clapp.

PUBL.: New York : Wiley,

FORMAT: xv, 377 p. ; 23 cm.

DATE: 1992

Myers, M. F., Men and Divorce (1989);

AUTHOR: Myers, Michael F.

TITLE: Men and divorce / Michael F. Myers.

PUBL.: New York : Guilford Press,

FORMAT: xv, 286 p. ; 24 cm.

DATE: 1989

Splinter, John P., The Complete Divorce Recovery Handbook (1992);

AUTHOR: Splinter, John P.

TITLE: The complete divorce recovery handbook : grief, stress,

guilt, children, co-dependence, self-esteem, dating, remarriage/

John P. Splinter.

PUBL.: Grand Rapids, Mich. : Zondervan,

FORMAT: p. cm.

DATE: 1992

Walzac, Yvette, and Burns, Sheila, Children and Divorce (1984).

AUTHOR: Teyber, Edward.

TITLE: Helping children cope with divorce / Edward Teyber.

EDITION: 1st pbk. ed.

PUBL.: New York : Lexington Books ; Toronto : Maxwell Macmillan

Canada; New York : Maxwell Macmillan International,

FORMAT: ix, 221 p. ; 24 cm.

DATE: 1994