Sociology and Modern Social Problems by Charles A. (Charles Abram) Ellwood
page 117 of 298 (39%)
page 117 of 298 (39%)
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(9) Increasing laxity of the laws regarding divorce and increasing laxity in the administration of the laws has certainly been a cause of increasing divorce in the United States, though back of these causes doubtless lie all the other causes just mentioned, and also increasing laxity in public opinion regarding marriage and divorce. To assume that laxity of the laws and of legal administration has no influence upon the increase of divorce in a population is to go contrary to all human experience. The people of Canada and of England, for example, are not very different from ourselves in culture and in institutions, yet there is almost no divorce in England and in Canada as compared with the United States. Canada has a few dozen divorces annually, while we have over seventy thousand. Unquestionably the main cause of this great difference between Canada and the United States is to be found in the difference of their laws. This is not saying, however, that instability of the family does not characterize Canada and England as well as the United States, even though such instability does not express itself in the divorce courts. Interesting statistics have been collected in numerous places in the country to show the laxity of the administration of the divorce laws. In many of the divorce courts of our large cities, for example, it has repeatedly been shown that the average time occupied by the court in granting a divorce is not more than fifteen minutes. In other words, divorce cases are frequently rushed through our divorce courts without solemnity, without adequate investigation, with every opportunity for collusion between the parties, so as to favor a very free granting of divorces. On the other hand, about one fourth of all the applications for divorce which come to trial are refused by the courts, showing that the courts are not so lax in all cases as they are sometimes pictured to |
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