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Literature Review on Marriage and Divorce

Andrea Luna
University of Texas at El Paso
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ABSTRACT: Marriage and divorce have different meanings and effects on people they are
lin!ed to one another and can affect the people that surround it such as spouses" family mem#ers"
and even children$ This paper is answering fundamental %uestions that society has always
wondered a#out$ &rom loo!ing #ehind the culture of marriage and divorce and how it has
evolved and changed in different perspectives" it is crucial to understand the concept" to help stop
or !eep to a minimum the negative effects they can #ring$ This community pro#lem has #een
around for a long time which will continue as long as people feel love and hate towards one
another" and it is useful to have a #ac!ground understanding to #etter understand it$
'hat emotions are spar!ed up when divorce and marriage are mentioned( )ow does one
feel a#out the description of the two concepts( *t is normal to feel happy and excited when
marriage is #rought up and sad and depressed when divorce is mention$ This feeling appeals to
the audience and that is what creates people+s points of view and different #eliefs$ An academic
,ournal written #y Linda -$ Mc-lain explains that" .Perhaps it is easier to thin! that passing a
marriage protection amendment will save marriage as an institution than to focus on stresses and
pro#lems faced in actual marriages/ 0Mc-lain" 1234$ *n other words laws have to #e pushed into
effect to ma!e marriage wor!$ This same idea goes with same sex marriage and how laws are
created to prevent them$ As time progresses more divorce and marriage laws have #een implied$
*t all depends in the era that we live in that determines how people view these concepts$ Mc-lain
also explains how" .5ne frustrating feature of the de#ate over same6sex marriage is the seeming
impasse with respect to children+s #est interests$ As Rosato points out" children+s #est interests
often features as a purported rationale for restricting the rights of same6sex couples/ 0Mc-lain"
1274$ This shows how children play a ma,or role when it comes to marriage and divorce" today it
is in the #est interest of people to !eep in mind the effects that marriage as well as divorce will
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have on children$ *t is also a great example of how same sex marriage has evolved into
something more meaningful to society and the also the effects it has on children which are part
of society$ Another article written #y 8ina 9emp" explains that during a divorce it can #e very"
.stressful" sad" and confusing$ At any age" !ids may feel uncertain or angry at the prospect of
mom and dad splitting up$ As a parent" you can ma!e the process and its effects less painful for
your children/ 09emp4$ This %uote descri#es how the parents themselves can ma!e the process
less painful for the children$ :aying this" children ma!e up a #ig part of society and they are
greatly affected #y the decisions of parents$
;ecause of the affect marriage and divorce has on people all over the world" there are
laws set up to maintain these ideas under control$ A strong concept that has #ecome more
controversial as modern times grow is marriage of the same sex$ People today are fighting for
their rights of e%uality and that means that marriage is part of it$ As many people are trying to get
same sex marriage legali<ed many are trying to prevent it$ A study conducted in the University
of El Paso Texas" stated that more than half of the students interviewed had no pro#lem
accepting same sex marriage into their culture and #eliefs$ =uestions such as" do you agree on
same sex marriage yes or no" and do you thin! that it is different than heterosexual marriage( "
were as!ed$ The study was conducted twice #oth of the times >2 students were used" the first
trial 11 students agreed and ? disagreed$ *n the second study @A students agreed and @@
disagreed" for a total of 32 students$ More than half agreed to the idea on same sex marriage"
where as if this study was conducted years ago it would have had a different result due to cultural
changes" and the #eliefs of society$ ;elow is a chart that demonstrates the num#ers used to
illustrate the data of the resultsB
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DO YOU AGREE IN SAME SEX MARRIAGE?
Agree 41
Disagree 19
An academic ,ournal written #y :haron :ha!argy focuses on the laws for heterosexual
marriages$ The author argues that" .the early view of marriage and divorce as matters of state
concern was reflected in the choice6of6law rules" #ut that these rules have not internali<ed
changes that have occurred in the way state law treats marriage today/ 0:ha!argy" C2@4$ Today
marriage is not considered as private as it used to #e$ Many people get involved in what is
supposed to #e a private matter #etween two people$ The main idea of this paper is the choice of
law and there are two parts to it$ The first one is the capacity to marry" such as the age" or the
religious #eliefs$ The second idea is where the marriage will ta!e place" for this matter it is
considered more of a technical issue rather than an emotional one$ ;ecause of the capacity of
marriage it will determine the place for the ceremony$ &or example if a couple is catholic they
should #e married in a catholic church according to the rules$ *f the couple was not #apti<ed nor
had their first communion there then the wedding is not allowed$ :ha!argy explains this trough
this article$ This law can #e very controversial due to the great religious #eliefs involved$
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This idea leads to same sex marriage as descri#ed in the academic ,ournal written #y
Re#e!ah Dohnston$ &or religious rights" children and society itself #rings a stop to same sex
marriage in some part of the country$ There are political" social" legal %uestions that arise to this
%uestion$ :hould same sex marriage #e allowed( Laws" . against interracial marriage are clearly
un,ust and have #een legally recogni<ed as such" drawing an analogy #etween interracial
marriage and same6sex marriage is a promising argumentative strategy/ 0Dohnston" 1A24$
According to the article same sex marriage couples do not fit the structural re%uirements for
marriage$ :ame sex couples do not have the right to get married and to this it reviews the
%uestion on to what really is marriage( *s it ,ust a concept or an idea created #y us humans(
According to society this is stereotypical to certain people$ Dohnston explains how the EEL
claims that" .those gay and les#ian relationships are intrinsically unfulfilling and thus that same6
sex couples are doomed to unhappiness$ :pecifically" gay and les#ian people who do not confine
themselves to chaste friendships #ut pursue sexual relationships are in the grips of a tragic
illusion/ 0Dohnston" 1A@4$ People will always have stereotypes for everything and #ecause of this
laws are created preventing people do things and ta!ing away human rights$ As pro#lems li!e
this are occurring young adults and even children are #eing #rought up with the idea that same
sex marriage are not e%ual to heterosexual marriages" and this is what !eeps gay marriage from
happening and ma!ing them legal in parts of the country$ The main overview on marriage
according to more than half of society is that it is #etween two heterosexual people" #ut the other
half does not agree$ 'hat could #e done( Are current laws not enough to satisfy society(
:tronger laws should #e created for all people to #e e%ual when it comes to the idea of marriage
and marriage$
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Although marriage can #e a positive thing it can lead to negative things li!e divorce$ *f
people got married #ac! in the past years they were meant to #e together for their rest of their
lives and divorce was not allowed or even mentioned$ *t was a very rare thing for divorce to
happen #ut !now in present day divorce has #ecome more common and personal conflicts are the
leading cause" #ut conflicts in a relationship can also help the couple from getting a divorce$
-onflicts"/ helps people find common ground$ Although it is easy to get stuc! arguing a#out who
did what" to whom" when" and why" clients who can identify and confront these issues often
focus on alternative/ 0Duffield" 12?4$ -onflicts can also help partners learn a#out each other and
what is trou#ling them and creating the conflicts in the first place$ ;ut as much as conflicts can
defer a couple from getting a divorce it can also speed up the divorce$ -onflicts involving
personal finances" the consuming of alcohol and emotional statuses are what cause marriages to
collapse$ 'ho controls the finances is very common and it can split people up for controlling
reasons$
'hen a couple gets divorce the after math can #e ,ust or more depressing to some people
than the divorce itself" health and mental pro#lems are created$ *f the couple has any children
they too can develop health pro#lems$ Divorce can cause sleep deprivation due to the fact that
there is no one #y your side anymore and one is not used to it$ 8regorie from the 'ashington
Post explains how divorce can also lead to identity crisis$ Divorce" .as you struggle to figure out
who you are without your partner$ A 12@2 study found that that #rea!6up can seriously disrupt
our sense of self$ *n the case of divorce" when your finances" home and family are connected
with your former spouse" this clouding of self6identity could #e particularly severe/ 08regorie4$
People get lost after a divorce and do not !now what to do with them #ecause they were so used
to #eing a partner$ 8regorie also mentions that weight gain is caused #y a divorce$ :ince people
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get depressed they tend to eat much more than intended and it also goes the other way as people
not eating as they should$ 'hen people get depressed their immune system also gets wea! and
flus and colds are more common$ There are a lot of down sides for divorce and people get
affected #y them every day$ The main %uestion is how can this #e stopped( *t is very difficult to
come up with a solution for this for divorce cannot #e stopped and there are no laws that prevent
it ,ust sessions and classes that help couples try and ma!e it wor!" #ut again couples cannot #e
forced to ta!e the classes and it is not guaranteed to wor!$ -ommitment is something that should
#e taught a#out #efore any marriage happens$
Eow" this pro#lem is not the same throughout the world as mentioned in the earlier
paragraphs$ People are #rought up differently depending on where they are #orn and what time
of environment they live in$ :ome places are more li#eral than other and some societies have
more rights than others$ *n the United :tates marriage is optional and should #e done no earlier
than a certain age$ There are no laws that enforce you to get married however in different parts of
the world marriage is forced upon people starting from a very early age$ This is sometimes
!nown as arranged marriages$ ;ecause they are arranged many people don+t !now who their
future wife or hus#and will #e$ *t can #e very frustrating and even sad to !now that you are
forced to spend the rest of your life with someone you do not !now$ This is a very common
practice in :outh Asia$ *t is very common that people are used to the idea and is part of life$
-hildren are #rought up !nowing that one day they will have to #e wed$ :ilpha Dave writes in
his academic ,ournal the Asian practices$ The paper starts with a simple %uestion" what+s love got
to do with it( This simple yet meaningful %uestion is guided toward the importance of marriage$
:ilpha then explicates that arranged marriage " .is popularly associated with :outh Asians" and
more specifically *ndian matrimonial customs$ :outh Asians view marriage as an essential
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institution and the defining mar!er 0regardless of career or profession4 of a woman+s social
status/ 0:ilpha" @3?4$ They #elieve that marriage is part of life and should #e done
correspondingly to their culture$ *t is also said that this arranged marriage will reduce the
separation on of the couple$ )e also explains how today the idea of arranged marriage in the
states can #e seen through reality shows such as The Bachelor, The Bachelorette, and
Millionaire Matchmaker. Although these shows are only designed to get ratings and the audience
en,oys them" it is still a form of entertainment and many people that frown upon arranged
marriage do not reali<e that these reality shows are a form of it$ To people that live in the states it
is unusual to see an arranged marriage #ut it can happen anywhere as long as there are no laws
that prevent it$ Another great article that expresses the different ideas and views that society has
over marriage and divorce is written #y ;ar#ara Atwood$ :he advocates that there is a" .decline
in marriage rates in the United :tates may signal" in part" disenchantment with the trappings of
marriage$ *f a state+s law on marital agreements reflects a particular vision of marriage as an
institution" that vision may affect people+s choices/ 0Atwood" @34$ This is interpreted as a decline
in marriage and marriage is can #e associated with culture$ To conclude this idea is that culture is
diminishing due to the way society is #rought up and the certain laws that surround this idea$ :he
also explains that since there are laws that distri#ute an e%ual amount of property when a divorce
ta!es place" more marriages are encouraged to fail due to the support of the court$ This article
leans toward the idea that marriage is slowly diminishing and without marriage there will #e no
divorce$ Today we see no marriage #ut instead the moving in with a partner$ *s marriage really
fading( *f so why do people still protest for same sex marriage( 'hat can society do to !eep
marriage from failing(
CONCLUSION:
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Marriage and divorce can #e a very complicated issue and can #e divided into different
categories and society has different opinions and #eliefs toward it$ :ome parts of the world
practice arranged marriages while other frown upon it$ *t affects many people and their lives$
Although marriage is associated with happiness" conflicts and personal pro#lems can deter a
marriage causing divorce$ Divorce also causes a lot of emotions and complications in a family$
Divorce can cause depression" anxiety" and o#esity$ There are cultural laws and government laws
that either prevents marriage in a certain place or at a certain age$ Divorce can #e reduced if
stronger laws are implemented such as couples ta!ing classes to help them wor! on their marital
status$
*f marriage and divorce is loo!ed in a different perspective it can #e a good thing$ Two
people get married ,oining as one$ 'hen conflicts start to develop the couple will learn from
each other and improve their relationship for future conflicts to come$ *t is a good way to learn
a#out the li!es and disli!es of a person$ *f the couple chooses to get a divorce they !now for
future references what type of people not to get involved with$ ;ut may#e marriage and divorce
is ,ust an idea or an illusion created #y society$ *t is a concept created #y the emotion of love or
the deteriorating of love$ This strong emotion is what causes marriage and divorce and many
%uestions are created due to this$ *t is a mission to maintain a love #etween two partners and
!eeping the couple together preventing divorce which can affect children and family mem#er" #y
creating stronger laws$
Work Cited
Atwood" ;$ 012@14$ Martial contracts and the meaning of marriage$ EBSCO" 540@@4" @6>>$
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sidG?31HAc>e61AH16737a6?72e6C1Ad32dCfdH#Isessionmgr722CJvidG3JhidG7@2H
10
Duffield" ;$ 012@>4$ Reasons why confl ict in marriage$ EBSCO" Retrieved from httpBFF26
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8regorie" -$ 012@>" Dune 1C4$ ;rea!ing upB H ways a split can affect your physical and mental
health$ Huffignton Post$ Retrieved from httpBFFwww$huffingtonpost$comF12@>F23F1CFdivorce6
stressKnK>71?A>1$html
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9emp" 8$ 012@7" Decem#er4$ Children " di#orce$ Retrieved from
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