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While the gulf between such viewpoints is unlikely to be soon crossed, there is consensus that divorce and non-marital childbearing place economic burdens on families and thus on institutions concerned with the well-being of children and families. As one indicator of this, in the past a parent had died in nine out of 10 families in the United States who received social security benefits for children; among contemporary forms of welfare, both parents are alive for nine of 10 benefit recipients.

Given this, it perhaps is not surprising that, in the United States at least, policies designed to reform welfare often included efforts to promote marriage. Before delving into divorce, entry after entry for many nonindustrialized countries must first set a backdrop of family that will be jarring and hopefully enlightening to many Western readers.

For example, what percentage of girls are married during their teen years? One answer: 30 percent of to year-old girls in Ethiopia are or have been married. Some other questions that you, the reader, will be confronted with as you flip through the entries from nonindustrialized countries are: How common is maternal and infant mortality? Are marriages arranged? Is polygamy an accepted and perhaps common practice? Is acquired immune deficiency syndrome AIDS rampant? Is marital rape legal and socially accepted?

Do women have a right to own property? These questions—and the answers you will find throughout the encyclopedia—offer perspective to the Western reader concerned with issues like the status of joint custody laws or rates of divorce or cohabitation. And you certainly will find information on these topics, which are very important issues in industrialized countries.

Articles about contemporary nonindustrialized countries should also cause the Western reader to reflect more deeply about the history of marriage, families, and divorce in the West.

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Family life, including divorce, has changed rapidly and dramatically as a result of industrialization. Embedded in our own experience, we often forget that lesson.


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And if you want to turn from pondering to investigating, of course, you will find a number of articles on the history of divorce. A reader who fails to understand the widespread social and political concern with the economic consequences of divorce, for example, should find it enlightening not only to read about this topic, which is addressed in multiple entries, but also to gain historical and cultural perspective on marriage as an economic rather than romantic union—and on divorce as unaffordable or creating dire poverty and thereby perhaps compelling women to remain in even terribly abusive relationships.

Times have indeed changed, and we can better understand the present if we appreciate our not-so-distant past. Another key goal is to address many nuances of adults' and children's experience of divorce. I urge you to run your finger down the list of entries. If you do, I expect that you will find yourself flipping back and forth through the volumes many times before you reach the bottom of the list.

I have urged contributors to be as neutral and objective as possible when tackling controversial issues. What is, or has become of, covenant marriage? How is divorce experienced by Native Americans? Is life expectancy really linked to divorce? You will even have a little fun as you explore this serious topic. We have included entries for celebrity divorces, comedy about divorce, and music about divorce.

Yes, these topics have a serious side, as divorce in the media both reflects and shapes people's expectations and behavior. But I just cannot get too worked up about the shortest marriage on record. Who was the couple and how long did the marriage last? Find out for yourself. Supreme Court, in George Reynolds v.

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United States, rules that freedom of religion does not extend to bigamy; Reynolds, a member of the Church of Jesus Christ of Latter-day Saints, claimed that it was his religious duty as a Mormon to have multiple wives. Doane organizes the Inter-Church Conference on Marriage and Divorce, in response to the growing number of divorces granted in the country. Supreme Court, in Loving v. Virginia, strikes down all state laws prohibiting interracial marriage. It states that one state's custody order may not, in most circumstances, be modified by another state to avoid children being taken across state lines in the hope of finding a judge more favorable to the parent's cause ; all 50 states will adopt it by The act also establishes that marital breakdown is the sole cause for divorce and that such breakdown was not subject to detailed court inquest.

Nelson, the Minnesota Supreme Court declines to approve gay marriage, ruling that there is a fundamental difference between marriage prohibitions based on the parties being of different races prohibited by the Loving v. Virginia decision and prohibitions based on the parties being of the same sex. Congress approves the Equal Rights Amendment to the Constitution, but it is eventually ratified by only 35 states, insufficient for it to become law. It includes depictions of both a gay individual son Lance Loud and of marital tensions leading to a divorce parents Pat and Bill Loud.

Wilson presents a theory that modern Western marriage customs were the direct descendants of basic divisions of labor present out of necessity at the dawn of human history. Supreme Court, in the Palmore v. Sidoti decision, reverses a lower court's decision to revoke custody of a child from her mother, who had married a man of a different race; the court rules that interracial marriage was not, by itself, evidence of unfitness as a parent.

Census Bureau reports that half of all families headed by a single mother lives below the poverty line, as compared to only 8 percent of two-parent families. Demo and Alan C. Frayser finds that, in the 62 cultures she studied, incest was the most commonly forbidden type of sexual liaison, followed by extramarital relationships.

Peterson publishes research demonstrating that on average women suffer an immediate decline in their standard of living 30 to 40 percent after a divorce. General Accounting Office finds that federal regulations and statutes confer over 1, rights to married couples. Congress passes, and President Bill Clinton signs, the Defense of Marriage Act, which forbids the federal government from recognizing gay or lesbian marriages, and states that states do not have to recognize same-sex marriages performed in other states.

Lewit and Linda S. State, rules that marriage laws favoring opposite-sex marriages over same-sex marriages are unconstitutional. Biblarz publish an article in the American Sociological Review that reviews 21 studies published between and and concludes there is no evidence of any difference in developmental outcomes for children raised in homosexual versus heterosexual households. Dep't of Public Health, the Massachusetts Supreme Judicial Court rules that banning same-sex couples from marrying is an arbitrary exclusion.

Although the program makes it clear that the polygamists are not members of the Church of Latter-day Saints Mormon , the church still responds critically, claiming that the program blurs the distinction between the official church and the practices of the characters. Census Data that educational achievement of children raised by same-sex couples and opposite-sex couples are essentially identical. Reiss Pennsylvania , a superior court rules that a divorced wife had the right to pre-embryos created from her eggs and her exhusband's sperm, arguing that because she could no longer conceive children in any other way, her right to procreate outweighed her ex-husband's desire to avoid procreation.

Editor's note: Refusal to have sex with one's spouse is ruled by a New York court to be abandonment of the marriage. In , New York was still five years away from the divorce law reforms that had been pursued since the turn of the century and that would expand the grounds of fault divorces and allow no-fault divorces for the first time. William Diemer was denied a divorce on the grounds of cruelty, but the appellate court granted one on the grounds of abandonment—ruling that abandonment need not be limited to physical separation.

The question on this appeal is whether a wife's repudiation of the validity of her marriage and her refusal to have sexual relations with her husband unless he submits to a remarriage in a church of her religious faith entitle the husband to a decree of separation.

Diemer were married in He was a Protestant, 41 years of age, she a Roman Catholic, a year younger. Having anticipated problems in accommodating their religious differences, they discussed this issue and reached an agreement concerning it. Although other aspects of their agreement were in dispute at the trial, it seems clear that Mr.

It was in fulfillment of their agreement that the Diemers were married in the Church of the Garden, a church of Protestant persuasion, and a year and a half later Mrs. Diemer was admitted as a member of her husband's church. In , after three years of marriage, a daughter was born to the Diemers. Although it would not be accurate to say that marital discord was born with the infant, the unfortunate fact is that her baptism and subsequent religious training proved sources of contention, at first latent, but [Page ] soon overt and bitter.


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The religious conflict which revolved about the child reached a climax and took a new form in , shortly after Mrs. Diemer suffered an accident which induced in her a fear of death. She consulted a priest and, following her talks with him, issued an ultimatum to her husband.

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She told him that in the eyes of her Church she was not considered married to him and that, since this was so, she would not have any further sexual relations with him unless he submitted to a second ceremony in the Roman Catholic Church. In the six or seven months which followed, Mr. Diemer continued to live with his wife and made constant attempts to change her mind, but she persisted in her refusal to have sexual relations with him.

In October, , realizing that his wife's decision was final and unalterable, he left home and instituted this suit. Alleging, in substance, the facts as they are set out above, Mr.

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Diemer counterclaimed for separation, support and custody, but neither in her answer nor at the trial did she deny the essentials of her husband's story. In fact, on both occasions she reaffirmed that she did not consider herself married and unequivocally declared that she would not have any sexual relations with her husband until they were remarried before a Roman Catholic priest. The trial court denied both husband and wife a separation and awarded custody of the child to the wife. On appeal by the husband—his wife sought no review — a divided Appellate Division affirmed the judgment.

Although we are of the opinion that the criteria thus applied were too restrictive and that the essentials of cruelty were made out in this case cf.

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Sherman v. Sherman, 7 N Y 2d ; Hofmann v. Hofmann, N.

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Our discussion necessarily centers on an analysis of Mirizio v. Mirizio N. Mirizio refused to consummate their marriage because her husband declined to go through with the promised ceremony and, as a result, they never lived together. The wife thereupon sued for a separation based on abandonment, and the husband defended on the ground that his act of not supporting her was justified by her refusal to live with him and discharge her marital obligations.

The reasoning and policy considerations which led to our decision in the Mirizio case dictate the conclusion here. Heermance v.

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