Should Divorce Laws be Made Easier

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?