Divorce

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Divorce: Meaning, Stations, Causes and Impact of Divorce!

For many centuries, marriage was regarded as virtually indissoluble in many societies, including
India, where it was regarded as ‘sacramental’ (religious). Divorces were granted only in limited
cases in extraordinary circumstances.

But now almost all societies have made some provisions for divorce in certain situations. Today,
marriage is less often seen as a sacred spiritual union, but more as a personal and practical
commitment which can be broken if it fails. The trend is towards making marriage consensual.

Changes in the traditional structure of sex roles have altered the perceptions of both men and
women about what they want from marriage. In this almost disposable age, people used to throw
everything—lighters, tea cups, dress, furniture, curtains, etc., so they feel they can throw out a
marriage too.

Now, a question arises: What is divorce? Actually, all marriages do not succeed; some also end
in disharmony. Divorce is a formal (legal) and permanent form of breakup—termination of
bonafide marriage. Another form of breakup is desertion.

It is illegal and unofficial on the part of either husband or wife or both to decide to leave each
other and cease to discharge their role obligations. Mostly it is husbands who desert their wives.
Desertion may be temporary or permanent.

Both forms (divorce and desertion) ultimately lead to family disorganization. It is the breakup of
a family unit, the dissolution or fracture of a structure of social roles when one or more members
fail to perform adequately their role obligations.

Divorce is the socially recognized and legal dissolution of marriage. According to the Concise
Oxford Dictionary of Sociology (1994), ‘the formal legal dissolution of legally constituted
marriage’ is called divorce. What constitute marriage and divorce varies widely.

Like marriage, it is governed by a variety of cultural rules and differs widely from society to
society and over time. In countries such as Spain, Brazil and Peru marriage is indissoluble except
by death. The laws of Islam and Judaism give a husband the power to terminate his marriage by
simple renouncing his wife or wives. In many Western countries, including the USA, a divorce is
granted if it is shown that the marriage has failed or on the basis of certain grounds or mutual
consent.

Six Stations of Divorce:

Divorce is nearly always a tragedy, for it generally means blighted faith, broken truth and severe
disillusionment. It is a complex and difficult experience for all family members. Anthropologist
Paul Bohannan (1970) has identified six overlapping experiences which arise from divorce.
Bohannan calls them ‘six stations of divorce’.
These are:

1. Emotional divorce, which represents the problem of the deteriorating marriage.

2. Legal divorce, based upon the grounds on which the marriage will be dissolved.

3. Economic divorce, which deals with the division of money and property.

4. Coparental divorce, which includes decisions regarding child custody and visitation rights.

5. Community divorce, the changes in friendships and institutional ties that a divorced person
experiences.

6. Psychic divorce, focused on the person’s attempt to regain autonomy and self-esteem.

Causes of Divorce:

Why divorces take place? There is no satisfactory answer to this question. Whenever any two
people interact, disagreement sometimes leading to conflict may arise on any point at any point
of time and one person or both may go to the extent of breaking relationship.

This is true for all types of relationships including marital relationship. Unlike most
relationships, however, marriage involves civil, legal or religious ties that specify if and how the
relationship can end. All marriages cannot succeed and some end in disharmony and break and
culminates into divorce. Generally, divorce is the outcome of the failure of marital adjustment
between a husband and a wife.

Many studies carried out in India and elsewhere found that the important causes of divorce are
domestic disharmony, ill-treatment of wife by husband or vice versa or by their relatives, cruelty
(physical or mental), adultery, impotency, barrenness, immoral conduct of the spouse, illicit
relations, alcoholism, etc.

Besides, there are many other factors involved which may lead to divorce such as financial
problems, emotional immaturity, difficulties in adjustment with new environment and
relationships, discrepancies in role expectations, etc.

When people from quite dissimilar backgrounds (different religion, caste, class, culture,
educational status, ethnic group, etc.) marry, the necessary adjustments in role expectations are
more difficult and a divorce is more likely. The main reason of divorce among such couples is
often poor interpersonal communication.

This happens more in conjugal family than extended (joint)’ family where communication and
other problems are sometimes solved by other members of the family. Lack of proper communi-
cation may give rise to tension and conflict between the spouses, leading ultimately to divorce.
Increasing involvement of women in paid work (outside home) has resulted in contradictory
demands of two roles (housewife and working woman) which can produce tension between
husband and wife and leads the wife eventually to seek divorce.

The changing aspirations and a strong desire for greater independence and individual expression
among men and women causes conflicting expectations. It has become the main basis for the
increasing divorce rates. Besides, changing aspirations, it is generally alleged that the tolerance
levels of couples have gone down considerably.

Modern society attaches utmost importance to individuality and personal self-fulfillment. It


evaluates marriage in terms of the level of satisfaction of personal ambitions it offers. The single
lifestyle can offer certain freedom that married people may not enjoy. This feeling has also
contributed much in the breakdown of marital relationship.

Moreover, there is a great decline in the feeling of commitment to marriage and family. This is
because of the growing erosion in the old formal religious belief that marriage is a permanent
and binding commitment and it is a God ordained relationship which cannot be broken.
Moreover, too much importance was attached to the monogamy. It was often said that this is the
only true form of marriage. But this is not correct.

Recent studies of zoologists have discovered that faithfulness is a fantasy even in the animal
world. Almost every species of animals cheats on its partners—males a little more; females
somewhat less.

Sexual prostitution is rampant even among the animals. At some basic level humans are animals
too, and therefore there is breakdown of marriages. Statistics prove that in western countries
slightly more than half married couples remain monogamous.

Not only this, perhaps the most important factor in the increase of divorce is the greater
acceptance of divorce itself. Divorce is regarded as an appropriate response to marital
disorganization. This attitude to marriage has resulted in a series of changes in law, making the
ground for divorce less strict and easier.

To obtain a divorce in Western societies, it is enough merely to prove irretrievable breakdown of


marriage. Thus, liberalization of laws has also increased the propensity for divorce proceedings
to be initiated by women.

One more factor which has helped in increasing the number divorces is the transitory romantic
love (having no real emotional attachment) on which the marital relations are found in modern
societies. A high rate of marital breakdown, or the death of these romances, is an inevitable
consequence of building relationship on such an unstable and fragile basis.

When the romantic love dies, it is seen that people resort to such action as divorce as a remedy to
marital dis-adjustment. Improved birth control technology may have further contributed to sexual
attitudes and behaviour based on pure personal gratification rather than any wider norms or
morality.
It is estimated that in Britain over one-third of all marriages end in divorce and in the United
States, the proportion of marriages to divorces is about two to one, i.e., one out of every two
marriages ends in divorce. While in the Western countries, most of the divorcees remarry with
other persons, in India, only a negligible number of divorcees remarry.

In March 2007, in one case (Ghosh vs. Ghosh), the Supreme Court of India granted divorce on
the basis of ‘mental cruelty’.

The apex court has defined mental cruelty as:

i. Withholding sex without reason.

ii. Unilateral decision not to have a child.

iii. Abortion or sterilization without consent of spouse.

iv. Nagging behaviour.

v. Indifference and frigidity.

vi. Denial of company.

vii. Filthy language and verbal abuse.

viii. False allegations.

Commenting on this verdict, the activist and writer Madhu Kishwar said, ‘The verdict reveals
that the institution of marriage is under crises …. The squabble at the level of the mind reflects
the increasing complexity of man-woman relationship that challenges the very idea of marriage.

So how different is divorce in the new millennium?’ ‘The essentially private nature of modern
marriages makes it difficult for those outside to understand, legislate, prove or judge what’s
going on inside,’ says Andre Beteille, the eminent Indian sociologist.

‘But it’s increasingly clear that saying good bye to a spouse is no longer the dismal climax to
protracted misery that it once was. The shift expresses the increasing recognition of men and
women as individuals’ (India Today, April 16, 2007).

Impact of Divorce:

Divorce may be seen as a personal misfortune for one or both spouses in any society. It may
happen at any time in the life of the family—even within a week or month after the marriage. It
makes deep impact on the lives of marital partners, their children and the society as a whole.
It is difficult to draw up a balance sheet of the social advantages and costs of divorce. More
tolerant attitudes towards divorce mean the couples can terminate an unrewarding relationship
without incurring social ostracism.

(In India, however, such tolerant attitude has not yet developed.) On the other hand, marriage
breakup is almost emotionally stressful for all the parties involved, i.e., husband, wife, children
and other members of the family. (In India, the members of in-law family are also involved.)

Emotional disturbance may lead to personality disorganization. (Sometimes people become mad,
lunatic or mentally derailed.) Old values, old definitions, old schemes of life organization all
shatter and lose their validity.

Divorce may also create financial hardships for one or both parties. When a man divorces his
non-earning wife, it seriously jeopardizes her life along with children. It brings many economic
problems to women especially those depended on their husband. It forces her either to find work
for herself or send children at the tender age for earning. Women and children who have never
worked before often face severe economic hardships.

Divorce leads to the formation of single-parent family, usually mother household family, since
the wife usually obtains custody of the children following a divorce. Because of economic
hardships, some divorced women take to an immoral life (prostitution).

They may sometimes contract illicit sexual relationships just to earn a livelihood. This situation
further may lead to many other associated problems like child labour, juvenile delinquency,
disorganized personalities, neurotic disorders, depression and so on.

Disruption of family life caused by divorce affects the children very badly. Children reared in a
happy home are more likely to grow up happy and psychologically healthy themselves.
Psychiatric studies emphasize the difficulties experienced by people who as children lived in
‘broken homes or ‘chaotic families’.

At many times, after divorce children face the very first problem and that is of custody. Many
children become the custody of a single parent. Not only do they lose the regular company of one
parent, they may also have to move away from friends and family surroundings.

Living with one parent means losing other parent’s love and affection. For balanced personality
development, supervision of both parents mother and father is essential. If parents remarry,
children often face the problem of step parenting treatment.

The stepmother or stepfather cannot take the place of a real mother or father. They will always
be fundamentally a stranger. Whether it is a single parent going it alone, or the remarrying parent
creating a new household, such new living arrangements require new forms of parental relations
to children as well as new problems.

Researches indicate that children do often suffer emotional anxiety after the separation of
parents. Life in the single-parent family is extremely difficult, stressful, insecure and unhappy for
them. The children of the divorced couple often face the social criticism when they are
condemned, teased or taunted by their playmates.

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