Divorce Law Of The Past

photo of divorce

Divorce is the ending of a human and familial relation. It is also the termination of a matrimonial union created under the law and of the obligations and responsibilities imposed by it on the previously wedded couple.

As marriage involves a legal procedure then so does divorce. Laws governing divorce are indistinct depending on the state though they mostly deal with concerns regarding child care and custody of the child if the couple had one.

Other than that, divorce is a choice that every man and woman make for themselves, but while it is not a big issue presently, it wasn’t always so.

Divorce Laws of the Past

Divorce was considered a very dangerous and forbidden word amongst couples for a long time, where abusive relationships and issues between couples were encouraged to be resolved rather than take the matter to court.

Right now, in America alone, 30 percent of the marriages are expected to end in divorce with the average age of a marriage being no more than eleven years.

During the colonial era, the first divorce and laws regarding it came out in the Massachusetts Bay where divorce was granted on the grounds of adultery, bigamy and sometimes even impotence.

While the laws had been put into place, the practice was still highly uncommon especially in the North where even uttering the word was considered an offense by the public at large.

As the 1800’s drew close, the laws became less restrictive and a change in the mindset of people was observed. The hearing was handed over to the judiciary instead of the legislature as the cases weren’t considered very important and there was still the problem of women being non-entities’ in the eyes of the law.

Being non-entities’ exempted a woman from owning any sort of property and thus left them empty-handed while the men were the ones who benefited in any case of divorce.

That changed when the Married Woman’s Property Law came about in 1848 but women were still the victims in almost every case for the most part of the century and so, divorces were very uncommon.

Divorce Laws at Present

Family Court started in 1950’s and that was when the tide started to shift for the better. The major change that appeared because of the creation of the Family Court was the fact that couples now didn’t have to plead their cases in front of the judiciary and the legislature until the cases were considered qualified enough to be heard at court.

As this wave of change brought divorce cases in the limelight, firms started to pay more attention to divorces too and so, law firms that specialized solely on divorce came to be but the biggest law that changed the way divorces were viewed as the No-fault law’.

In the past, there needed to be a definite fault from one of the parties before the divorce was granted for example adultery and bigamy but with this law in place, it was acknowledged for the first time that a couple could seek divorce amongst them even when neither of them was an adulterer or a cheater. If you need a family lawyer, visit our homepage.

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