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The Basics of Divorce Laws

Divorce laws change by state in the United States and by country across the world.  There are still several countries and parts of the world where the divorce laws are archaic, and in some areas the act is almost considered illegal.  In the United States, each state has a separate chapter or title that is identified as the primary text for the divorce law.  The basics of these laws are similar and include reference to basic parentage, visitation rights, custody criteria and the requirements for child support and property.  Typically, all divorce laws in the United States have very specific grounds for divorce.

Origin

There are actually references to the dissolution of marriage in the bible, and some refer to the definition of a Jewish patriarchal family for the Jewish origin of divorce.  But more importantly, why are there laws for this in the first place?  The fact is, without divorce laws, human nature would take over and the result would be a complete breakdown in how two parties handle their mutual concerns and disagreements.  In most western countries marriage is a legal contract and divorce is the annulment of that contract.

The phrase, “all is fair in love and war,” typifies how many people might react without divorce laws.  Common sense or decency cannot always be guaranteed, which is why the divorce laws are in place to ensure that some basic human rights exist. Perhaps the most important aspect of divorce law is those components that protect the innocent children that are so often involved in this process.  These children are entangled with the couple that is in the separation, due to the couple’s mutual commitments to one another.  Divorce laws should ensure that these children get a fair shake in the process.   It is a parent’s obligation to provide and care for their children, until those children reach the legal age of adulthood.

Extremes

In some countries, even well into the 20th century, divorce was only a right for the male in the marriage.  In Uganda, it was not until 2004 that women were given equality under the divorce laws, and were allowed to divorce their husbands on the grounds of adultery.  The previous laws in that country had supported a male’s right to do the same thing.  Uganda typifies how divorce is viewed in Africa. Marriage is more of an ownership right for the male, than a partnership agreement. In many societies, divorce laws are not viewed as necessary to the rights of marriage, but are all based on this male ownership principle.