Divorce in the United States

Divorce in the United States

        Divorce involves the recognition that a marriage has hopelessly

failed and that at least one of the partners has no desire to

continue the marital relationship. Divorce legally dissolves a

marriage, and permits the partners to remarry if they choose.

Divorce differs from an annulment, which declares a marriage

invalid because of some tarnish in the contract.

        The early American settlers brought with them three different

views on disassociate: 1) the Roman Catholic view that marriage was

a sacrament and that at that place could be no break; 2) the English

view that disjoin was a legislative matter; and 3) the

Protestant view that marriage and divorce were secular matters

to be handled by the civil authorities.

        The Constitution of the United States did nothing to shape the

rights of the states to enact their own laws governing marriage

and divorce. Despite several efforts to restore the Constitution,

to allow Congress to pass federal legislation on divorce, to

this day the states retain separate laws. Because divorce laws

vary from state to state, the migratory divorce actual:

couples would move temporarily to a state where divorce was

easier to let than at home.



For example, a couple living in

New York State, where until 1967 the only reasonableness for divorce

was adultery, would establish residence in Nevada -- a procedure

that took only 6 weeks -- and file for divorce on grounds of

mental cruelty.

        Popular attitudes toward divorce changed as the United States

became more urbanized and less religious. The increasing

acceptance of divorce was reflected in court interpretations of

existing laws and in new legislation enacted by the states. Two

tendencies merged, making possible the establishment of new and

easier grounds for divorce. The heighten of state divorce, which

previously concerned itself with specifying legal...

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