Friday, March 6, 2015

CAUSE OF DECLINING DIVORCE RATE UP FOR DEBATE

On behalf of Askvig & Johnson, PLLP

It seems generally accepted that the rate of marital dissolutions in Minnesota and around the country is declining. Every state that measures its divorce rates has reported a decrease in the actual number of divorces. Moreover, the annual divorce rate has dropped about 30 percent over the years.

A writer for one prominent blog cited experts who attributed this decline to a number of factors. He argued that the recent poor economy contributed to the trend, perhaps because unhappy couples cannot afford to get a divorce. Some also have suggested that women having more opportunities at work have played a role; others have suggested that society's greater openness to couples living together before marriage has contributed to the decline.

However, another noted writer disagreed, saying that in reality, the percentage of marriages that end in divorce has consistently remained at about 50 percent. He argues that the divorce rate has dropped in direct portion with the country's marriage rate, which has also been on a steady decline. Only half of Americans are married now, down from 75 percent in earlier years, and the vast majority of people are now getting married after they turn 30.

With more people viewing marriage as an afterthought, the face of family law may also have to change fundamentally. Divorce lawyers will more and more be dealing with people who have never been married at all. Yet these same people will require a division of property and custody and support orders just the same as a divorcing couple would.

For now, as we have written in other posts, the best thing that an unmarried couple in Minnesota can do is sign a cohabitation agreement that at least sets out how property will be divided if something goes wrong in the couple's relationship. In the future, however, new laws may begin to recognize that the country's view of marriage has changed profoundly.


Source: World, "Divorce/marriage stays the same," Marvin Olasky, April 18, 2013

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