How do no fault divorce law and fair property settlements work against women in divorce proceedings - Essay Example

How Do No-Faults Divorce Law And Fair Property Settlements Work Against Women In Divorce Proceedings? There are two kinds of divorce: fault and no-fault. No-fault divorce is a split up in which the termination of a marriage does is not caused by the adultery, brutality, or neglect. According to Parkman (2000), most countries have legalized such divorces, and the rest haven’t, since they argue that such divorces snuffle the communities’ social foundation – the family – without specific reasons for doing so.

No-fault divorces’ grounds include living separately for a long time without interruption. Parejko (2002) states that marriage is dissolved when one of the spouses wants to dissolve it. This is mostly when the spouse has lost interest to the other party and no longer values him or her. In such kind of divorce, women are the most affected, since their husbands may choose to leave them at any moment. Women are affected psychologically, since they believe to have lost their dignity and have been used by the men.

Eisler (1998) argues that in most cases men tend to have different ladies in their life, so after using one of them they choose another one, abusing the rights of these ladies. Such kind of laws makes men go for polygamy and those ladies who cannot tolerate such actions choose to move out of the marriage. No-fault divorce laws suggest that spouses who have been living separately for six months can agree to separate, and this may make the spouses who have separated on the basis of work divorce, which is unfair to women, especially those whose husbands work far away from home.

This is where men look for other wives, while they are away from home, and threaten to divorce the wife who stays at home, according to Tischler (2011). In this kind of divorce, women may be forced to sign a divorce agreement in case they have no underage children. If no agreement was entered and the spouses have underage children, they have to be separated for duration of a year before the formal divorce can happen (Tischler, 2011). This is an act of neglect, and it promotes irresponsible behavior among men, especially during this one year, making women the oppressed ones.

Women have to provide for these children all alone, which may be hectic, particularly if they do not have a stable source of income. This kind of law does not advocate for child support by both parties.Miller (1995) states that in no-fault law property settlement favors the men, especially if they are ones with the highest income. Most women are left to settle the debts of their men, since in most cases women are involved in the support of their men when someone wants to collect the debts. During divorce, women who have invested much to buy household equipment end up losing it.

Husbands may claim the ownership of the property, especially if there were no formal documents to show who has actually bought the item. There is no equitable distribution of fiscal and non-financial contribution of each spouse to the welfare of the family. The distribution does not depend on the duration of the marriage. In conclusion, no-fault divorces lead to the increase in domestic violence. These divorces harm women by failing to take into account the non-monetary contribution they made to their marriages.

Parejko (2002) states that this divorce permits the spouse who is displeased with the marriage to attain a break-up simply on this ground. Such kind of divorces should be discouraged or modified, so that the welfare of women is put into consideration. Women are affected socially, psychologically, and emotionally by divorces. They lose their dignity and some end up being single for the rest of their lives. References Eisler, R. T. (1998). Dissolution: no-fault divorce, marriage, and the future of women.

San Jose: To Excel Publisher. Miller, K. (1995). Fair share divorce for women. Philadelphia: CareyParkman, A, M. (2000). Good intentions gone awry: no-fault divorce and the American family. Lanham: Rowman & Littlefield.Parejko, J. (2002). Stolen vows: the illusion of no-fault divorce and the rise of the American divorce industry. Collierville, Tenn: Instant Publisher.Tischler, L, H. (2011). Introduction to sociology .Australia; Belmont, CA: Wadsworth, Cengage Learning..