Separation & Divorce - Essay Example

Separation and Divorce al Affiliation) Separation and divorce Divorce implies a situation where a married couple decides to end the marriage and as such both parties go their separate ways. This type of demeanor was not common in the past due to the various implications ascribed to it. However, in the recent past, there has been an increase in the number of divorces all over the world despite its many implications. There is also the option for legal separation. In this case, even though both parties are still married, they are allowed to live separately in spite of the fact that each spouse has their prescribed responsibilities. There are more advantages to a separation agreement in contrast to a divorce application. Separation gives the partners enough time to think and evaluate all the consequences of a future divorce and whether it is the best way to resolve their problems. Some religious beliefs also do not allow for divorce, as such, the couple is able to live in separate household but still maintain their marital status for the sake of their religion (Kelly, 2014). Since the mid-90s there has been a significant increase in the number of divorce cases with statistics showing that currently, over 35% of the marriages will most likely end in divorce. This can be attributed to the legal end as they are now much cheaper to apply for and the law has given women equal rights to file for a divorce. There is a change in the structure of the society and women in unhappy relationships decide to divorce their partners since they can comfortably get employed and fend for themselves without relying on any man. There is also a change in the expectations that both partners hope to derive from marriage. Presently, there are various factors that contribute to a successful marriage some of which include; understanding, companionship, love and sexual compatibility. These expectations mean that couple who are not satisfied may call off the marriage although in traditional times such a marriage would have been tolerated. In the 70s the average marriage age were 23; however there has been a change in the way of life of individuals and this figure has risen to about 27. There is a change in lifestyles and people are getting married when there are more stable and if it is of benefit to them. If couples find out that this was not the best move they will most likely apply for divorce and move on with their lives (Landers, 2014). Divorce has adverse effects on the children since it pulls them away from the traditional family set up. When parents separate, the children have to adjust to entirely new living arrangements with their parents. A pattern is usually developed by the authorities that show the amount of time that each parent is allowed to stay with the children. In most cases, the children will spend more time with a single parent with the other parent only getting visitation rights on regular basis (Meyer, 2014). This is usually done in the best interests of the child although this view is debatable since the opinion of the child is not sought when these arrangements are made. According to research, divorce between one’s parents usually has some psychological effect on children and they are more likely to avoid committed relationships in future or they have higher chances of separation from their partners. Research shows that these children develop anti-social behavior and tended to be withdrawn within them and there is a prevalence of alcohol use and drug abuse among them. This can be attributed to several factors, first and foremost there due to the fact that there is reduced parental attention. Single parents are usually busy and cannot be there all the time to supervise their children or even spend time with their children like in households that have two parents. Secondly, there can be a decline in the economic status in the household particularly if the child is staying with the mother, this can lead to a decrease in the living standards and the child’s wellbeing and social competence might be adversely affected. Stress is also caused by the witnessing of conflict between the parents before the divorce and during the divorce; this has a profound effect on the child’s conduct. Divorce is usually granted by the courts and is a fairly long process. It is the duty of the aggrieved partner to prove to the court that indeed their marriage has broken down and cannot be functional again. Either of the spouses has a right to apply for divorce. Once an application for a divorce is filed, the other partner is usually called in as the respondent (Wilcox, 2014). There are several factors that can result in a divorce. The most common reason for divorce worldwide is adultery. This involves one of the parties having an extra marital affair. This is a major breach of trust by a spouse and will automatically lead to the courts granting a divorce, however, there must be proof to show that indeed adultery took place and in most cases this has to be accompanied by an admission by that party. It is important to note that if both parties continue to stay together 6 months after discovery of an adulterous affair then it cannot be used as adequate grounds to justify a divorce. Another common factor that leads to divorce is desertion where one party leaves the other without any particular reason for a period of more than two years. Couples that stay apart for a period of two to five years can also use that as a reason to file for a divorce. Unreasonable behavior by one of the spouses can be used as grounds for divorce; the aggrieved party must however prove that this has been going on for a period of more than 6 months. Although one party may want the divorce, the other party may not feel the same way (Landers, 2014). As such they can challenge this application and they have to prove their innocence in regards to the cases that have been filed against them. After hearing by a judge they can grant the ruling and the spouses have the right to go their separate ways. Despite all the negativity that is associated with divorce there are several advantages to being divorced. The main advantage of being divorced is that it results in a more peaceful lifestyle to the aggrieved partner due to the end of conflicts and tensions that were common in the marriage. These individuals were found to live more fulfilling lives that lacked the stress of an unhappy marriage. However, some researchers feel that a divorce can be beneficial to the children since the sight of both parents happy while living in separate homes is much more favorable than the sight of both the parents living in the same house but constantly fighting. They have less tension about the affairs at home and can go on to develop better personal relationships (Matthews, 2014). In conclusion, the rate of divorce and separation is on an upward trend. This is a threat to the family setup and should be closely monitored to ensure it does not degenerate further. In the traditional setups, divorce was the last option and couples tried all sorts of means to try and maintain their marriages before opting for divorce. The same should be adopted today because if this trend continues the importance of a family setup in the future will be at risk. References Kelly, J. (n.d.). Divorce. Attorney. Retrieved April 17, 2014, from http://www.attorneys.com/divorce Landers, J. (n.d.). Divorce Laws. Divorce- , Divorce Records, Divorce Papers, Divorce Rate, Divorce Statistics. Retrieved April 17, 2014, from http://divorce.laws.com/ Copy & Paste | Parenthetical Matthews, D. (n.d.). Divorce - What Is A Divorce - Divorce Defined. About.com Divorce Support. Retrieved April 17, 2014, from http://divorcesupport.about.com/od/maritalproblems/f/divorce.htm Meyer, C. (n.d.). Divorce: MedlinePlus. U.S National Library of Medicine. Retrieved April 17, 2014, from http://www.nlm.nih.gov/medlineplus/divorce.html Wilcox, B. (n.d.). divorce. Merriam-Webster. Retrieved April 16, 2014, from http://www.merriam-webster.com/dictionary/divorce Read More