It is perhaps, for the greater good of mankind, that the proceedings of divorce be made as liberal and easy for those who are desirous of the same. What is the point of staying in a relationship which has gone sour and is no longer relevant to the people involved?
Divorce has always been looked down upon amongst all sections and strata of human society. It has never quite enjoyed societal approval as opposed to the great honours which are attached to the institution of marriage.
Divorce is perceived to be a negative force. It is seen as an anti thesis to marriage, which it incidentally is. It is owing to the fact that it is the very opposite of marriage that divorce is so greatly stigmatised.
However, times are changing. It is important that the authorities governing human society take note of the changing times and modify the laws accordingly. This is truer in the case of divorce laws than any other.
In this day and age, women are no longer bound to the four walls of a house and the kitchen. They have moved out into the big bad world outside the confines and security of their homes. They are not only responsible for several important decisions but actually take very important decisions in posts of great importance.
The womens liberation movement has brought far reaching changes in society. It has opened up newer vistas for womankind and increased awareness levels on issues related to women to a great extent.
These liberation movements have brought to the fore the trauma of women living in unsuccessful marriages. The pain and suffering that they might be subjected to, especially where the partner is of an abusive nature, has been clearly brought out.
All this has given greater potency to the realisation that a divorce is immensely better than a suffocating relationship. Society too has taken note of this fact. It does not matter whether the sufferer is the wife or the husband; both have an equal right to lead a happy and satisfied life.
The stigma attached to divorce can be greatly diminished further if the laws were to be favourable to it. Even though there has been a great degree of course correction on this account, yet it has still got room for more improvement.
The laws of the day are very helpful for people who wish to move out of the shackles of an unhealthy marriage. Today, collaborative divorce seems to be becoming a norm and most of the marriages that are ending in divorce, do so on the crutches of collaborative divorce.
Collaborative divorce is the scenario where both the husband and wife agree on divorce prospects. Instead of contesting the proceedings in the court of law, they sit together with their solicitors and work out all modalities on their own.
These modalities include alimony, child support, division of marital assets etc. They move the courts in such a manner that all decisions are pre decided and the law courts have to merely give their stamp of approval to the formal divorce.
As opposed to collaborative divorce, is the contested version of the same. In this the two partners are unable to agree with each other on the various aspects related to divorce proceedings and their aftermath.
So, they have to fight it out in the law courts and all issues are open to public scrutiny. Friends and relatives are forced to come to the courts and take sides between the warring partners. It becomes a messy affair.
A contested divorce can leave a very bitter taste as far as the divorcing couple is concerned. It can bring to the fore, moments which may have been very private, very personal to either one or both the partners, in the public eye.
This can not only cause severely embarrassing situations for the two but may make their divorce so bitter, that the very mention of each others names might prove to be an anathema for them. It can give a pain which may last an entire lifetime.
Thus it is of utmost importance that divorce laws should be made still more simplified. It should not leave one battling pain and humiliation, once it is all over. The dignity and regard that people once had for their estranged partners must remain intact.