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Glenda Riley - Divorce: An American Tradition

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According to Glenda Riley, the historical conflict between anti-divorce and pro-divorce factions has prevented the development of effective, beneficial divorce laws, procedures, and policies. Today we still lack processes that move spouses out of unworkable marriages in a constructive fashion and get them back into the mainstream of life in a stable, productive condition. Her pioneering historical overview offers proposals for dealing with a subject that now pertains to nearly half of all marriages.

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title Divorce An American Tradition author Riley Glenda - photo 1

title:Divorce : An American Tradition
author:Riley, Glenda.
publisher:University of Nebraska Press
isbn10 | asin:0803289693
print isbn13:9780803289697
ebook isbn13:9780585266220
language:English
subjectDivorce--United States--History.
publication date:1997
lcc:HQ834.R55 1997eb
ddc:306.89/0973
subject:Divorce--United States--History.
Page ii
Courtship and Marriage an eighteenth-century illustration by Nathaniel Hurd - photo 2
"Courtship and Marriage," an eighteenth-century illustration by Nathaniel Hurd. When
turned upside down, a smiling courting couple becomes afrowning married couple.
Courtesy American Antiquarian Society.
Page iii
Divorce
An American Tradition
Glenda Riley
Page iv 1991 by Oxford University Press All rights reserved Manufactured in - photo 3
Page iv
1991 by Oxford University Press
All rights reserved
Manufactured in the United States of America
The paper in this book meets the minimum requirements of American National
Standard for Information SciencesPermanence of Paper for Printed
Library Materials, ANSI Z39.48- 1984.
First Bison Books printing: 1997
Most recent printing indicated by the last digit below:
10 9 8 7 6 5 4 3 2 1
Library of Congress Cataloging-in-Publication Data
Riley, Glenda, 1938
Divorce: An American tradition / Glenda Riley.
p. cm.
"First Bison Books printing: 1997"
Includes bibliographical references and index.
ISBN 0-8032-8969-3 (pbk.: alk. paper)
1. DivorceUnited StatesHistory. I. Title.
HQ834.R55 1997
306.89'0973dc21
97-12258 CIP
Reprinted from the original 1991 edition by Oxford University Press, New
York. Reprinted by arrangement with Glenda Riley.
Page v
For My Mother
Page vii
Preface
For nearly twenty years, I have been fascinated by the topic of divorce. As I explored the history of nineteenth-century American women, numerous cases of distressed wives and divorced women piqued my curiosity. The ranks of western American women were especially replete with distraught and deserting wives, female divorce-seekers, and divorced women. Determined to understand these women's circumstances, I began to try to reconstruct the historical evolution of divorce from American colonial days to the present.
My quest for information was all the more interesting to me because I am divorced, as are many of my friends and acquaintances. My questions about divorce, and theirs, occasionally made my search almost compelling. I was soon convinced that establishing a historical context for divorce would not only make it more comprehensible to researchers, but also to contemporary Americans who experience it, shape it through law and policy, and attempt to help family members, friends, and clients survive it.
Of course, researching the history of divorce forced me to clarify my feelings about divorce. I have come to believe that divorce is a remedy for mismatches. Too many people chose a life partner under some form of duress: youth, romantic illusions, lack of self-awareness, a tendency to present only one's best side during courtship, sexual attraction, parental and societal pressures, a need for psychological or financial support, a desire to have children, a fear of being alone, and advancing age, among others. Most of these pressures to marry are understandable, while others are healthy desires. But pressures to marry must be balanced by an understanding of oneself, one's potential mate, and the nature of marriage. When these factors go unbalanced, the result is too often un unsatisfying or destructive marriagea mismatch.
Divorce releases people from a lifetime of living with unsound
Page viii
judgments regarding their potential mates. In addition, it removes others from debilitating situations that develop after marriage; situations that are sometimes difficult to foresee, including spouse abuse or sexual exploitation of children. In yet other cases, husbands and wives discover that they are unable to function in a heterosexual marriage because of their own homosexual orientation.
My support of divorce is not meant to suggest that we abandon our ideal of marriage as a lifetime commitment. It simply asks that we recognize that many couples are unable to sustain such a commitment. Divorce allows these couples to dissolve dysfunctional unions. After divorcing, they have the opportunity to reassess themselves and perhaps form functional, satisfying marriages with other mates.
Agreed, some people may exploit lenient divorce laws by divorcing their spouses heedlessly and impetuously. But the historical record indicates that people forced to stay in failed marriages against their wills usually sabotage their relationships, either consciously or unconsciously. Adultery, abuse, and desertion are frequent occurrences among such couples. In addition, other distraught spouses find illicit ways around restrictive divorce laws. They falsify grounds for annulments or perhaps leave the United States to obtain a divorce elsewhere. When people remain in difficult marriages or circumvent the law, it often costs them, their spouses, children, relatives, friends, and employers, as well as society, dearly.
These ideas, which are not original with me, come up many times throughout the following narrative. I also present other viewpoints concerning divorce fully and, I hope, fairly. I would encourage readers who disagree with my position from the outset to persevere, both to give my view a hearing and for what they might learn about the historical development of divorce in the United States.
My major goal, however, is not to argue for the rightness of my view of divorce and the wrongness of others. Rather, my primary concern is to reveal that the historical conflict between anti-divorce and pro-divorce factions has prevented the development of effective, beneficial divorce laws, procedures, and policies. Today we still lack processes that move spouses out of unworkable marriages in a constructive fashion and get them back into the mainstream of life in a stable, productive condition.
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