Advantages and Disadvantages of US Divorce Law - Essay Example

Adultery and Divorce Total Number of Words 497 Introduction The most sacred bond that two people can be enjoyed together with is the bond of holy matrimony. In a matrimonial ceremony or a wedding, the phrase "to honor, love and cherish... until death do you part" is commonly heard as a seal of their approval and love (Dee). To most people, this is the end of their bachelorhood days and the new beginning of a future that is to be spent with their spouse as they start a family. Over the years of being married, the love and commitment between couples is expected to bring two people closer together as they face life’s success and difficulties as one. After providing the definition of matrimonial contract in the United States, arguments as to whether or not the US government should support making divorce legal will be thoroughly discussed. Throughout the discussion, the point-of-view of the politicians, the church, and people in general will be compared and contrast. Using the gathered information, valid reasons on why the U.S. government should not support the legalization of divorce throughout the United States will be tackled prior to conclusion. Definition of a Matrimonial Contract in the United States Based on the U.S. Code, the true meaning of a traditional marriage is “a legal binding of a man and a woman as husband and wife wherein ‘spouse’ refers to the person of the opposite sex as either the husband or the wife” (Cornell Unviersity Law School; Goldberg). Similar to the definition provided in the U.S. code, the Catechism of the Catholic Church (1603) states that “the vocation to marriage is written in the very nature of man and woman as they came from the hand of the Creator” (Wiker). Reasons behind the Question Whether or Not the US Government should Support Making Divorce Legal Based on pure love rather than economic reasons, loneliness, or an unexpected pregnancy; marriage is considered the right way based on the sacred boundaries of God’s law. Even though there is really no perfect marriage in this world, married couples are expected to solve problems related to family members, source of finances, and social issues. “What therefore God hath joined together, let no man put asunder” (Mark 10:9). Another Biblical scripture that clearly discourage divorce is Matthew 5:32 which states that “But I say unto you that whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery; and whosoever shall marry her that is divorced committeth adultery”. Upon analyzing these two significant Biblical scriptures, it is clear that nobody has the right to separate a man and a wife. Rev. Dr. William T. Manning stated that divorce is “the shameful luxury of the rich and well-to-do” (The New York Times). In line with this, Stewart explained that divorce is a sin simply because parting ways is similar to breaking the marriage vows which is supposed to be a lifetime commitment. One of the most common reasons why married couple would decide for divorce is because there are some people who enter marriage for wrong reasons. No matter how hard the situation is; married couples should remain intact since the act of leaving one spouse for the sake of marrying another person would just cause more problems in the long run. Aside from the fact that divorce is immoral, divorce could lead to a lot of social problems including the consequences of broken family on children’s well-being, gender-role orientation, problems with emotional adjustment, and the formation of anti-social or socially unaccepted behavior such as the formation of aggressive behavior, substance abuse, promiscuity, and the increased tendency of becoming involved in crimal activities (Amato; Antecol and Bedard). In line with this, the research study of Hetherington revealed that 25% of children whose parents are divorced are experiencing serious emotional, social, or psychological problems as compared to those children who live in intact family (Corliss). Based on the research study that was conducted by Wells and Johnson, children who belong to a broken family are less likely to provide care to their father who are sick, has disability, or has reached the old age as compared to children who belongs to a family structure whose parents remained married. This is a good example wherein divorce could weaken the cultural and traditional essence of a family wherein family members are expected to care for one another. Among the common grounds for filing a divorce includes adultery, psychologically incapacitated, cruelty or having a partner that inflicts unnecessary physical or emotional pain, confining the partner in prison, and physical inability to engage in sexual intercourse provided that this issue was not disclosed to the other party prior to marriage (Epoo Legal Solutions). Basically, the legalization of divorce can give married couple the option to get away from marriage especially those who are suffering from severe emotional distress caused by caused by the other person. Despite the moral, social, and ethical reasons that suggest the need to control the incidence of divorce in the United States, there are millions of people around the world who strongly supports the legalization of divorce. Many people are supporting the legalization of divorce for the reasons that there are a lot of married individuals who end up becoming a victim of physical violence, abusive conduct, and other negative actions that could cause the other party to have low self-esteem and unhappy lives rather than having harmonious conjugal and family life (Amato; Corliss; Wells and Johnson). Based on the research finding that was conducted with divorced individuals, there are some women and girls who “turned out to be more competent, able people than if they had stayed in unhappy family situations” (Corliss). In line with this, as much as 70% of divorced parents are currently living happier lives as compared to those days before they had divorce (ibid). Discussion According to Wilcox, “behind each divorce lie the broken laws and the rejected love of God” (Ch. 3). In line with this context, divorce is considered a sin because it breaks the intimate friendship between God and man (ibid). Aside from the fact that broken family caused by legalization of divorce law could cause the children to suffer from social, emotional, and psychological problems, the U.S. government should not support the legalization of divorce throughout the United States. Having the U.S. government make divorce legal would simply mean encouraging millions of Americans to sin and weaken the cultural and traditional concept of a family which is supposed to be composed of a father, a mother, and children. Regardless of the reasons behind relationship failure, divorce will always be considered immoral since divorce law can make it legal for married couples to break their marriage vows and eventually decide to find another person they would end up marrying. Divorce is considered a sin because divorce law encourages more married couple to break up. Despite the negative impact of divorce law in our society, it is part of reality that there are many married couples who are no longer happy with their married life are considering having a divorce. Even though these people are not satisfied with their married life, married couples should remain strong and focused in trying to solve their marital problems without the need to consider having a divorce. This is primarily the main reason why our society has developed the concept of marriage counsellors and social groups that focuses on strengthening the marriage bond between a husband and a wife. Given that the U.S. government would stay focus on strengthening the divorce law in this country, it would be wise to simply not get married at all since the presence of divorce law weakens the sanctity and main purpose of marriage which is to bond married couples until death arises. Conclusion Married couples have obligations in establishing a good family life which is necessary in the social and economic development of our nation. However, past and current reports on the incidence of divorce and marriages in this country confirmed that there is a significant increase in the number of divorce cases as compared to few decades ago (Centers for Disease Control and Prevention; Kreider and Fields). The issue on strengthening the divorce law in the United States is one of the most controversial topics due to the negative consequences associated with the U.S. divorce law on the emotional, social, and psychological development of children who happens to belong to broken families because of the legalization of divorce. Between the advantages and disadvantages of U.S. divorce law, the negative consequences of legally allowing a married couple to turn back against their congeal obligations and commitment to one another outweighs the benefits of strengthening the divorce law in this country. For this reason, the U.S. government should make an effort to refrain from extending supporting in the development of divorce law. Instead, the U.S. government should focus more on findings ways on how to prevent married couples from ending up in a divorce. *** End *** References Amato, Paul. "The Consequences of Divorce for Adults and Children." Journal of Marriage and the Family (2000): Vol. 62, pp. 1269 - 1287. Antecol, Heather and Kelly Bedard. "Does single parenthood increase the probability of teenage promiscuity, substance use, and crime?" Journal of Population Economics (2007): Vol. 20, No. 1, pp. 55 - 71. "Centers for Disease Control and Prevention." 2009. Marriage and Divorce (Data are for the U.S.). 15 September 2009 . Corliss, Richard. "Time." 20 January 2002. Does Divorce Hurt Kids? 15 September 2009 . "Cornell Unviersity Law School." 2009. U.S. Code Collection - § 7. Definition of “marriage” and “spouse. 10 September 2009 . Dee, Thomas S. "Until Death Do You Part: The Effects of Unilateral Divorce on Spousal Homicides." Economic Inquiry (2003): Vol. 41, No. 1, pp. 163 - 182. "Epoo Legal Solutions." 2009. Grounds for Divorce. 15 September 2009 . Goldberg, Suzanne B. "A Historical Guide to the Future of Marriage for Same-Sex Couples." Columbia Journal of Gender & Law (2006): Vol. 15, pp. 249 - 272. Kreider, Rose M. and Jason M. Fields. February 2002. Number, Timing, and Duration of Marriages and Divorces: 1996. Household Economic Studies. 11 September 2009 . Wells, Yvonne D. and Trudi M. Johnson. "Impact of parental divorce on willingness of young adults to provide care for parents in the future." Journal of Family Studies (2001): Vol. 7, No. 2, pp. 160 - 170. Wiker, B.D. 2009. The meaning of marriage. 10 September 2009 . Read More