It
is impossible to discuss the concept of divorce without first gaining a proper understanding
of what marriage is. Scholars have argued as to whether the institution of
marriage is a status or a contract (Janet Halley, 2010; Joseph William Singer,
2005; William Eskridge, 2004). However, in a bid to avoid the complexities that
come with this debate, we will take the simple definition offered by the
Merriam Webster dictionary as “the state of being united to a person of the
opposite sex as husband or wife in a consensual and contractual relationship
recognized by law” (http://www.merriam-webster.com/dictionary/marriage).
This definition has its limitations when subjected to a rigorous argument as
what constitute marriage in modern time has transcended the union of opposite
sex as seen in most western countries where marriage can now be contracted
between people of same sex and even human and animals. Divorce on the other
hand has been defined as “a judicial declaration dissolving a marriage in whole
or in part, especially one that releases the marriage partners from all
matrimonial obligations.” or, put simply, a “… formal separation of husband and
wife according to established custom.” (http://dictionary.reference.com/browse/divorce).
In other words, divorce is the official termination of one’s marriage usually
as a result of irreconcilable differences.
Different
theories have been proposed to enhance our understanding of the concept of
divorce. Some of these are: The Indissolubility of Marriage Theory which is
where the marriage is deemed eternal and irreversible once entered into i.e. no
matter what happens, the parties involved cannot get out of the relationship.
(http://shodhganga.inflibnet.ac.in/bitstream/10603/39005/12/12_chapter%204.pdf)
Divorce
at Will Theory: Common amongst the religion of Islam, one may divorce his wife
without proposing any grounds for the dissolution of this marriage given that
he is of sound mind regardless of the other parties take on the turn of events.
(http://shodhganga.inflibnet.ac.in/bitstream/10603/39005/12/12_chapter%204.pdf)
Fault/guilt/offence
Theory: According to this theory, one party within the marriage must have
committed a terrible offence against the institution of marriage and the other
party was expected to be completely innocent of any fault for the dissolution
to be granted.
(http://shodhganga.inflibnet.ac.in/bitstream/10603/39005/12/12_chapter%204.pdf)
Frustration
of Marriage Theory: While neither party may have committed any marital offence,
the marriage may be frustrated for a number of reasons and therefore must be
dissolved. Examples of some factors according to this theory are “mental
unsoundness, religious reform, disappearance” etc. (http://shodhganga.inflibnet.ac.in/bitstream/10603/39005/12/12_chapter%204.pdf)
Consent
Theory of Divorce: This theory stated that once both parties within a marriage
have consented to divorce, since they are the ones who have to live with it,
they should be permitted to do so. (http://shodhganga.inflibnet.ac.in/bitstream/10603/39005/12/12_chapter%204.pdf)
Over
time, the general public has become more accepting of divorce than would have
been the case in past times therefore we see a shift from what would have
typically been an Indissolubility of Marriage theory down the spectrum to the
Consent Theory. Using the United States as a case study, a study which was
carried out shows that the majority of respondents felt that compared to
the
past, divorce is now more acceptable.
This
shift is reflected in the attitude of the media to divorce. Firstly, in the
manner and frequency at which the topic of divorce is displayed all around us
ranging from family to more adult movies. Movies like Mrs. Doubtfire and The
Parent Trap cater to the younger generation and introduce the topic of divorce
in a light hearted and more approachable manner to movies like Diary of a Mad
Black Woman which depicts the uglier side of divorce and is more suited to the
more mature mind. Any way we choose to look at it, divorce is no longer seen as
a sensitive topic especially in the eyes of the media. This observation is
buttressed by an article by Brette Sember where she highlighted that “If you
have children ages eight and up, they probably see a lot about divorce on TV”.
She advised that in situations where children are being exposed to ugly cases
of divorce on TV, instead of allowing their minds be molded in the way the
media will eventually cause, you should shield them by controlling what they
watch. This is however easier for younger children, when dealing with children
almost in their teens, it is not as easy to control what they read or in fact
see on TV and online. To this she advises “If your child sees media reports or
reads online about a celebrity divorce or custody case, don't ignore it. Bring
the subject up.” (Brette Sember). Discussing it helps the child put it in
perspective and form their own ideologies around divorce.
Secondly,
there is a very strong link between media, specifically social media and
increasing divorce rates. The increasing introduction of new social media
platforms and, heavy usage, even without studies, we find causes difficulties
and misunderstandings in relationships between couples. It is easier for
spouses to keep in touch with former love interests and reignite flames from
the past “…social media makes it possible for users to reconnect with others,
including past lovers, which could lead to emotional and physical cheating”
(Clayton, 2013) thus leading to a higher possibility of inappropriate
discussions, feelings of jealousy from spouses, suspiciousness, physically
acting on those inappropriate discussions, snooping around which “…fifty-eight
percent of” married couples “polled” admitted to knowing “their partner's
passwords, even if their spouse was unaware of it.” (Wong, 2015). It is obvious
that these behavioral traits will potentially lead to problems within the
relationship and possibly divorce. This is reiterated in a study carried out by
Brittany Wong on a sample of 2000 British married couples, where “One in seven
people said they'd considered divorce because of their spouses' questionable
activity on Facebook, Skype, Snapchat, Twitter or WhatsApp” (Wong, 2015).
Feeding into the points above is a study carried out by Russel Clayton in 2013
where he proposed and found that higher than usual “…social media use and
monitoring of one's partner could lead to misunderstandings and feelings of
jealousy” (Clayton, 2013). The study noted “a strong correlation between
Facebook use and relationship stability”… a correlation which the theorists
proposed stemmed from “…jealousy and arguments about past partners related to
social media snooping.” (Clayton, 2013). All the evidence presented establishes
a causal relationship between (social) media and divorce. In addition to this,
print media such as gossip magazines could lead to similar problems as those
highlighted above where speculations by the paparazzi lead to feelings of
insecurity and call to the light what would otherwise have been sleeping dogs.
Some examples of such situations can be seen in the cover stories illustrated
below. In some cases, if handled privately, divorce may not necessarily be the
outcome of trying times for couples. However, it is made public by media and reported
frivolously making a spectacle of the situation and leading the possibly
offended spouse, in a bid to manage his/ her reputation, taking the most
drastic step being divorce which he/ she may feel is the appropriate punishment
for the offence.
The
infamous 72 day marriage between popular reality TV star Kin Kardashian and
Kris Humphreys and that of Kris and Bruce Jenner. Below is a depiction of how
lightly the media takes divorce as they have reported perfectly happy couples
as divorcees:
Moving
closer to home, within the culture of Africa in general and Nigeria
specifically, divorce was frowned upon and seen almost as an abomination as the
institution of marriage was held in the highest regards and not something to be
taken lightly. Divorce was just not an option. Fast-forward to the 21st
century, what we have seen develop is more of a liberal attitude towards
divorce and the question as to why this is must be asked. We find that a lot of
our youth who have been exposed to more westernized cultures tend to be more
opinionated and less accommodating of traditional values held in the highest
regard in generations past and fortunately or unfortunately, the institution of
marriage is one of them “…In traditional societies, the norms even tend to
exalt the institution of marriage, even in polygamies, while discouraging
divorce. Observers, however, say that in the contemporary world, divorce cases
are becoming rampant, as couples usually troop to courts, pressing for the
dissolution of their marriages.” (Naomi Sharang, NAN; 2015). We see from this
quote that polygamy was considered more of an option than divorce. Situations
such as polygamy which are legally prohibited may automatically lead to a
divorce in westernized societies i.e. since within the context of marriage, the
law permits you to only one partner at a time, you must divorce one in order to
marry your new love interest.
Since
“…divorce grounds vary significantly from country to country” (Janet Halley.
2010, p.2), it is pertinent to understand legitimate grounds for divorce in as
simple a format as possible. E.g. a stated above polygamy is permitted in some
parts of Africa and therefore may in fact reduce the need to divorce ones
partner for a new love interest however, where it is not permitted, a divorce
is necessary. Grounds for divorce can be
on a “Fault” or “No- fault” basis. A no fault divorce is the most common form
and basically means that both parties within the marriage have irresolvable
differences and are at a point where the marriage can no longer carry on. A
fault divorce on the other hand implies that the individual filing for the
divorce is doing so as a result of the other parties’ actions i.e. one party
has actively done something to cause the dissolution of the marriage (Lina
Guillen, 2016). Fault divorce can then be as a result of but not limited to
“adultery, abandonment, substance, abuse, and a felony conviction.” (Lina
Guillen, 2016). From a religious stand point, divorce is permitted where sexual
immorality i.e. adultery, is the cause (http://biblehub.com/matthew/19-9.htm).
Though it is not always the most popular option, forgiveness is preferred.
Speaking
on divorce in Africa, it is important to discuss if what we have labelled
culture is truly that or a result of circumstances. It is common knowledge that
in the past women were solely dependent on their partners as a source of their
livelihood and that of their children therefore, regardless of how poorly they
were being treated or how unhappy they were in their marriages, when all
options are weighed, they would end up staying in the marriage. In an article
by Atoke (2016) she reiterates this point stating “…traditional marriage
ceremonies in Yoruba culture come with a stern warning to daughters “Once you
go, you can’t come back here”. – To encourage long and healthy marriages. Give
it your best and give it some more.” In
this new age where women are more educated and therefore have more employable
skills, they are more likely to get a stable source of income and as a result
have the ability to implement what they feel is the most appropriate penalty
for misconduct in a marriage without the woman paying too steep a price. So
this poses the question as to whether the historically lower divorce rates were
as a result of culture or just circumstances. Atoke goes on to point out that
the culture which builds a stigma towards divorce is “killing us”. She states
that life happens and one should not be held responsible for a change in heart
purely to keep those around them happy while they are miserable in their
marriages. “The culture of expecting you to stay in a marriage is based on the
unrealistic premise that life is full of absolutes. If you buy this bottle of
perfume, you must be absolutely sure that you want it. No, you’re not allowed
to develop allergies.” (Atoke, 2016).
On
a related topic, where children are involved, even where the parents are no
longer happy, they try to stay together for as long as possible to give the
children a close to normal upbringing. When the children are old enough,
usually post- university, we find that some parents find it easier to separate.
Religion
has a very big part to play in divorce particularly the religion of
Christianity. One may say that when all logical reasons to stay with one’s
spouse proves dormant, ones faith will be a last resort especially since it is clearly stated in the bible that God
“hates” divorce. It is recorded in the sixteenth verse of the second chapter of
the book of Malachi “I hate divorce,” says the God of Israel.
God-of-the-Angel-Armies says, “I hate the violent dismembering of the ‘one
flesh’ of marriage.” So watch yourselves. Don’t let your guard down. Don’t
cheat.”” (Malachi 2:16 MSG). This is further reiterated by Naomi Sharang of the
News Agency of Nigeria where she states “Christian and Islamic tenets emphasize
the sanctity of marriage and frown at divorce, barring extreme situations”
(2015). The country of Nigeria is
particularly religious and Christians look to their religious leaders for
guidance through most life decisions. In recent times however, religious
leaders have been involved in the dissolution of marriages which have been made
public by the media especially blogs. It is not farfetched to say that if a
person who is meant to serve as a vessel unto Godliness and an embodiment of
the principles of Christianity, can find it within him/herself to divorce their
spouse, the mind of the general public will not find room to accommodate the
notion of divorce.
It is clear to see that
divorce is no longer a last resort but a very viable option today. The media,
especially social media which at the click of a button publicizes what is a
very sensitive topic to the parties involved in divorce has largely contributed
to making light of divorce. Research has also revealed that media does not only
report divorce lightly, it is also a contributing factor to divorce as partners
can easily find out what their significant other is up to. (sociologyexchange.co.uk).
The issue with
contributing factors to divorce is that the more effective they are, the higher
the chances that couples will get divorced. Divorcees will most likely try
their luck at love again however, research by Statista.com shows that the more
times one gets a divorce, the more likely they are to get divorces in
subsequent marriages:
In playing the blame game
it is important to note that media is neither the sole nor necessarily the
biggest contributor to divorce. Factors such as woman empowerment, legal
coverage, secularization, changes in attitudes etc. are other very strong
influencers. However, there is no smoke without fire, therefore if couples stay
faithful to each other, the media will most likely have less to report and play
less of a contributory role to divorce. In conclusion, it is important to note
that despite the above discussions, divorce is not always harmful therefore,
the attitude of Nigerians must change and accommodate what may be necessary.
E.g. Linda Ikejis Blog on almost a daily basis, reports cases of domestic
violence which are fatal in some cases. Therefore, in situations where physical
and/ or indeed emotional abuse is involved, rather than treating marriage as a
“do or die” affair Atoke so accurately states that “Life happens. It is an
incontrovertible truth that we need to remember as we perpetuate certain
harmful cultural practices and nuances” (Atoke, 2016). Therefore, without
media, logic may be the highest contributor to dissolving a marriage.
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