According to the Centers for Disease Prevention and Control (CDC), 2.9% of 1,000 Americans end their marriage in divorce. Another study also showed that there’s one divorce petition filed every 13 seconds. All these numbers only allude to this fact — divorce is growing more common in American society. This leads people to ask this question: is divorce contagious?
Upland Divorce law firm suggests that though divorce is quite common, it’s not contagious. The apparent reason why couples file for divorce is because one or both of them want to leave the union. It’s the reason behind such desire to part with the other spouse that significantly varies.
Divorce Versus Annulment
There are two choices for couples who want to end their marriage — by annulment or divorce. Though both options end up ending the union, divorce only renders the valid union legally dissolved. On the other hand, an annulment declares the marriage ‘void ab initio’ — as if it never happened.
The grounds for divorce are also more liberal than annulment. One does not need to prove that there is a lacking element in the essential requisites of marriage to render it invalid. The petitioner needs to prove fault by the other spouse, either. Irreconcilable differences are more than enough to allow a divorce petition to prosper.
The law is stricter on annulment since the petitioning party needs to show that one or more formal and essential elements of the marriage are absent. For example, the petitioner will assert that the marriage is not valid to begin with because either or both parties were not of legal age at the time of marriage. As you already know, because marriage is a consensual contract, it should be entered voluntarily by parties who are fully-emancipated.
A minor at the time of marriage doesn’t have the legal capacity to enter into any contract, marriage included. If this fact can be established, then an annulment proceeding could prosper.
Why is Divorce the More Common Option?
Couples go for the divorce option because of the grounds for the dissolution of marriage. Compared to annulment, the grounds for divorce are less specific. However, the couples fail to realize that because they’re not contesting the legality of their union, they have to deal with such issues as settling the property, child custody, and child support.
Reasons for Divorce
According to different students, the most common reasons why couples end up divorcing each other include lack of deep commitment, non-stop arguments, lack of equality and preparation for marriage, infidelity, early marriage, and domestic abuse. All these can lead them to fall out of love with each other. While some of these issues can be resolved by counseling, not all couples are willing to give their marriage another try.
If one or both spouses married without getting to know each other well, they might be surprised to find out the quirky behaviors of their partners. Though the natural thing for a person in love to do in this case is to love the flaws and quirks, even more, most feel betrayed not knowing the other person’s ‘true color.’
As a result, they feel resentment and disappointment towards their spouse. And if their commitment towards each other and the marriage is shallow, it’s easy for the love to die naturally. It won’t be long until one of them files for divorce.
While there are divorce petitions filed for less complicated reasons as falling out of love, some petitions are more complex and are premised on abuse, infidelity, fraud, and addiction. These cases can cause severe physical and mental trauma on the aggrieved spouse that it would seem fitting to push through with the divorce immediately.
It doesn’t mean that ‘falling out of love’ is a less valid divorce ground than abuse. The only point being driven out here is the latter is more pressing and urgent because there’s a risk that the aggrieved spouse will get assaulted or battered by the abusive spouse.
Talk to a Divorce Lawyer
Regardless of the reason, if you want to file for divorce, the best person to approach is a seasoned divorce lawyer. They can walk you through the process, apprise you of the possible scenarios that you would end up facing while the case is going on, and help you build your case. They can also help you ascertain whether or not divorce is the best option.
Going through the hardships of divorce? Seek legal counsel now and end your marriage woes.