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Introduction to Divorce

Mark Dombeck, Ph.D. Updated: Feb 29th 2016

The topic of divorce would seem to require no introduction. Divorce refers to the often messy and painful end of a marriage. For better or for worse, divorce is a very common event these days. Most everyone has been touched by it, either by going through it themselves as a spouse or a child, or knowing someone who has gone through it as a spouse or as a child. Despite widespread familiarity with the effects of divorce, the details of the divorce process are less well known. In this section, we discuss the important concepts and procedures involved in the divorce process with the sincere hope that educating people regarding this information will help minimize pain.

 depressed womanYou can feel like the loneliest person in the world when you are contemplating divorce. It's therefore important to keep divorce in perspective so that it doesn't crush you:

Divorce is common

The first thing to know about divorce is that it is common and nothing to be ashamed of. In many countries the number of marriages that end in divorce is at or greater than 50%. There is no disputing the fact that a great number of people have divorced and will divorce in the future. Divorce is so common it has become an industry unto itself with lawyers and matchmaking companies being just a few of the groups deriving economic benefit from the process. Under the social pressure of so many divorces, the stigma that used to be attached to divorce is largely gone. It continues to be painful to divorce, but with so much company, it is no longer a lonely isolated place.

Divorce is an ancient institution

The second thing to know about divorce is that it is an old and venerable institution. People have been getting divorces as long as people have been getting married. The ease with which a divorce can be obtained, the social stigma attached to divorce, and the amount of control religious and political powers have exercised over divorce have varied significantly over time and cultures. On the one hand, some accounts suggest that Islamic law at one point allowed a man to divorce his wife by simply stating the phrase "I divorce you" three times. On the other hand, other accounts suggest that the sixteenth century English king Henry XIII went so far as to cause the Anglican Church to be created (or at least become fully recognized) so as to gain permission for a divorce which the Catholic Church had denied him.

Less than 50 years ago, divorce was only widely available in the United States on a "fault" basis; it could only be obtained by demonstrating to the state's approval that one of the partners was acting badly enough to warrant release of the other partner. Acceptable grounds for fault divorce varied from state to state, but usually included abuse, adultery, and abandonment. The difficulty of gaining divorce, and a cultural climate that stigmatized divorce combined to keep divorce rates low. Since the 1960s most states have adopted "no-fault" divorce laws that allow couples to divorce without proving wrongdoing. Due in part to this reform and probably to other cultural changes, the divorce rate has risen, and being divorced is no longer looked down upon.

Divorce doesn't have to be awful

The third thing to know about divorce is that it isn't always awful. With the availability of no-fault divorce options, the process of divorce is no longer necessarily adversarial. Partners are now free to proceed with divorce as calmly and rationally as they can manage. Certainly divorce is frequently born out of marital conflict and proceeds as a knockdown, drag-out fight for possessions, child custody and pride. But modern divorce can also take place amicably, consciously and without a court battle. Marriage therapy can help conflicted partners to repair their marriage, or, if that is not possible, to separate on as positive terms as is possible. Arbitration is available to help partners successfully divide their possessions without recourse to the courts. The quality of the divorce any given couple will end up experiencing will be deeply influenced by the quality of relationships the partners can maintain with each other, and with professional helpers they work with during the separation process.

Divorce is a legal process separately from an emotional one

The fourth thing to know about divorce is that it is at once an emotional journey, and a legal process, and that it is best to keep these two aspects of divorce separate when that is possible. Marriage is a legal contract recognized by the state conferring rights, privileges and responsibilities. From a legal perspective, divorce is a process of disengaging partners from the legal marriage contract and making sure that those things the spouses are responsible for (including children and property) are properly accounted and cared for. The very rational and purposeful legal process of divorce contrasts mightily with the chaotic and emotional aspects of divorce which involve coming to grips with rather massive life changes as significant and shattering as any family death and which may involve significant grief, anger, sadness and pain. We'll be dealing with the emotional and legal aspects of divorce separately in this document.

Divorce is not the end of the world

The final thing to know up front about divorce is that divorce is not the end of the world. Divorce is a crisis involving a very real end, but it is also a very real new beginning. Divorce is the end of a chapter of life, but not the end of life itself (even though it may feel that way). In the midst of the divorce crisis are seeds of opportunities for remaking life into something again enjoyable new and creatively good. It is important to keep this hopeful and true message in mind as the process unfolds.

 

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    Reader Comments
    Discuss this issue below or in our forums.

    It Gets Better - Bill Atwater - Mar 6th 2011

    When a week goes by,think back to how you felt 7 days ago. You are now a little better.You now have next week to look forward to.Remember,your spouse left the marriage arragement,you just took the hit.

    Are your parents separated, going through a divorce or recently divorced? - castingdivorce - Jul 19th 2010

    Are your parents separated, going through a divorce or recently divorced? If so, you're not alone. With divorce rates increasing year after year more teenagers than ever are witnessing the break of their parents marriage.

    HOW CAN WE PREVENT DIVORCE - FLORITA DENUYO - Oct 8th 2009

    HI !HELLO NICE TO HEAR FROM YOU! ABOUT THE DIVORCE, I HAVE A BOYFRIEND  HE IS A DIVORCE MAN BUT I WANT TO HIM BUT  MY PARENTS CANNOT ACCEPT CAUSE HE IS A DIVORCE MAN. IS IT OK IF WE GOT MARRIED EVEN HE IS A DIVORCE MAN?...I WANT A RESOLUTION ON THIS MY PROBLEM...THANK YOU..

    FLORITA DENUYO.

    its ok - sarah - Nov 13th 2008

    I understand my parents got devorced when i was 8 it was a rough time but i got through it.

    try don't worry - tashe samuel - May 9th 2008

    it is easier said than done, but firstly, just think someone has it worse than you. i can understand part of your pain, as my wife and i are separated for about two months now. she left me with our four children, and she hardly communicates with them. she sy she want a divorce so she moved out. sometimes, i can't even go to work for how i feel. even if i have the children, sometimes, i am still so very lonely. right now, i just try to concentrate on my children. when you realize that the person don't want you, no matter how much you love them, you just have to let go. once again, easier said than done. no matter what people say, each of us are affected differently and we deal with situations differently. just believe in yourself and know that you are special in god's eyes. every disappointment is truly a blessing. one thing i try is that, every morning i say, ' nothing is going to take away from my joy' .

    Painful divorce - Sue - Apr 7th 2008

    I have been separated for a year and we finally got to the point where we going through with it and I am in need of some reassurance. I have been taking xanax and drinking to ease the pain. I am not like this. I hate the pain and I feel like I am in self destruct mode. I layed in bed all day today I hate feeling like thisl Does this get better. I am signing papers tommorrow. Anyone with words of encouragement would be appreciated.

    .

    - aly - Sep 26th 2006
    this really helpt me understand what my parents are going through, they do not have a diborce YET and maybe they won't witch i hope does not happen well thankz for the facts lovve aly

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