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Free «Should we Reform Laws to make it Harder to Get a Divorce» Essay Sample

Divorce is the legal termination of a marriage before death of a spouse. It is a decision made by the parties involved in the union. There are many laws, which govern divorce; these laws vary from one country to the other. It is the duty of the court or any legal authority to authorize divorce among two parties. The procedure may involve child custody, property distribution, division of debt and child support. There are many reasons that make the parties want to terminate their union. Reasons such as infidelity, lack of understanding and family disputes are the leading causes divorce. Despite this, divorce is still a significant challenge, and it stresses the parties involved. Divorce laws should be reformed to make the procedure harder because the processes causes financial strain, affects living arrangements, schedules, household jobs and causes emotional pain to the parties involved (Cathy).

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Recent research has estimated that about 40-50% of the first marriages end up in divorce. The statistics are even higher for the second marriages which have  prevalence of 60%. There is an increase in divorce cases, and the underlying reason is commitment. Less people are motivated to make their marriages work, and this has been facilitated by a variety of factors. Low education and income, lack of religious affiliation, pregnancy before marriage, past experiences of divorce, cohabiting,  and insecurity are some of the crucial aspects that make people not to be committed to their marriages. Marriage is an institution that requires commitment and the lack of it results to all these problems. These issues can be resolved and prevented. There is still hope in marriage, and it may not necessarily mean that both parties have to part ways. The amendment of divorce laws may yield the results required (Doherty, 12).

The emotional pain and frustration that comes with divorce is overwhelming. This painful process can be avoided if the parties resolve to solve their issues through communication. Communication pays a significant role in the success of any relationship. If this aspect is neglected, the parties involved may not be able to iron their differences and they may end up not having the satisfaction that they need. Divorce is not the ultimate solution for the success of any relationship; this can be affirmed by the poll results that indicate the rate of divorce in second marriages is higher than those of the first. These studies can be used to educate people to free their minds off divorce and aim at making their union a success (Doherty, 16).

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The current laws governing divorce allow either party to terminate the relationship if they feel they are not interested in the union anymore. A divorce bill was passed by a Californian Governor, Ronal Reagan, in 1969 resulted to the onset of divorce in the nation. Women were also empowered, and the activism drive to make them notable was also a significant contributor. This bill caused considerable strain in relationships since people were more inclined to file for divorces as a result of failure in marriage. The aspect of making it a one sided made most partners less considerate in their selfish decisions, and they did not think about the other person before they came up with the decisions. Divorce was mainly allowed in cases of abuse and cruelty in marriage. Current modifications in the laws have dissolved this aspect (Bestly & Wolfers, 268).

In the world,  today, divorce has become fashionable, and parties are able to terminate their union without any fault. One can file for a divorce claiming that they have irreconcilable differences. This aspect of the law has made marriage lose the seriousness it deserves. The laws are soft and easy making people not to have second thoughts before they make this life transforming decisions.  The vows exchanged during the marriage ceremony are not respected when divorce is made easy. The marriage “is for better or worse, in sickness and health, in richness and poverty until death comes in the way” (Betsey & Wolfers, 280). These vows are made under a legal authority, and they have to be respected. The laws need to be reformed to make the vows to be respected more.

Divorce has a significant impact to the families involved. Children are the ones who suffer most in the occurrence of this. Research indicates that, there are more rates of divorce among children as adults from divorced families as opposed from those who are from intact families; 40% and 9% respectively. These children are usually emotionally disturbed, have lower grades and they ended up harboring feelings of pain, bitterness and resentment. This results to a nation which will always use divorce as a way of solving its marital related issues and in the increase the rate of divorce in the nation (Brentano & Stewart, 157).

 
 
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Men are the most disadvantaged parties in the event of a divorce proceeding. The rulings are always in favor of women and most men tend to lose their property, as a result, of the situation. Women who are gold diggers use this opportunity to reap where they have not sown. The simplicity in the rules which govern divorce is in favor of opportunistic parties who want to milk resources from their rich partners. These laws should be made harder than it is now to minimize chances of such occurrences (Brentano & Stewart, 160).

However, there are disadvantages of this implementation. Just like any other project, any marriage can fail and end up dysfunctional. Marriages that are not beneficial to the parties and they both cannot live together in harmony should be terminated. A marriage where one party is abused, cheated on, and their freedom denied should not be allowed to prevail. In such circumstances, denying a person the freedom to divorce makes one subject of life imprisonment. In this manner, the government would be interfering with the private lives of the citizens, and this would not be the best thing to do (Scott & Markman).

Despite this, the negative effects of divorce outweigh the positive impact it has to the society. The emotional pain, financial strain and the psychological torture pegged on divorce make the experience harder for both parties. Marriage is an institution which has to be respected. One should think through before making such a weighty decision in life. The current divorce laws make it easy for people to get married and divorce without having second thoughts. If the procedure is made cumbersome and expensive, most people would avoid this stress and would consider settling their differences other than running away from the reality.

Divorce is a painful process that burdens the parties involved and cause pain to their families. The current laws that govern divorce make it easy for people to terminate their marriages without considering other options of saving the marriage. Lack of commitment is the leading cause of divorce in the country. This is a lesson which can be taught to the people, and it is facilitated through communication. The negative impact of divorce outweighs its positive aspect. The laws should be reformed, therefore, to make the process harder. This will make people give more respect to the marriage institution than the current situation. Many people will be prepared before joining such a union. On the other hand, they will be aware it is a point of no return, and thus marriage has to be approached with much respect.

   

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