When did humans start getting divorced? - Rod Phillips

Summary

This script explores the evolution of divorce laws from ancient Mesopotamia to modern times. It highlights the influence of religious authorities on marriage and divorce, with varying rules across cultures. The narrative traces the shift from religious to secular control over divorce in the 18th century, leading to the French Revolution's introduction of divorce on multiple grounds. It discusses the historical gender disparity in divorce rights and the eventual adoption of no-fault divorce laws in the 20th century. The script also touches on the ongoing complexities and societal impacts of divorce, emphasizing its emotional and philosophical challenges.

Takeaways

• 📜 The earliest known divorce laws were recorded on clay tablets in ancient Mesopotamia around 2000 BCE.
• 👫 Human societies have historically established rules for both forming and dissolving marital partnerships.
• 🌍 Different cultures, such as the Inca and Inuit, had unique approaches to marriage and divorce, with varying degrees of flexibility and restrictions.
• 🏛 Divorce has been a contentious issue tied to broader societal concerns like the influence of the church and state, individual rights, and women’s rights.
• 🕌 Religious authorities, including those in Islam and Christianity, have historically played a significant role in regulating marriage and divorce.
• 🗝️ The 18th century saw a shift towards secular governance, with secular courts taking over various societal functions, including marriage and divorce.
• 🇫🇷 The French Revolution introduced one of the first modern divorce laws, allowing divorce on multiple grounds including mutual consent.
• 📚 In the 19th century, legislation allowing for divorce spread across Europe, North America, and some European colonies, though often with gender inequality.
• 🚫 Historically, women faced more restrictions and double standards in accessing divorce compared to men, particularly in cases of adultery.
• 📈 The 20th century saw a significant shift with the introduction of no-fault divorce laws, allowing divorce without the need to prove wrongdoing.
• 🌐 Despite legal advancements, cultural and social factors continue to influence the accessibility and experiences of divorce, often disproportionately affecting women.

Q & A

When were the earliest known divorce laws written, and what were they inscribed on?

The earliest known divorce laws were written around 2000 BCE on clay tablets in ancient Mesopotamia.

How did Inca couples handle the dissolution of their marriage?

Inca couples started with a trial partnership, during which a man could send his partner home. However, once a marriage was formalized, there was no getting out of it.

What were the divorce practices among the Inuit peoples?

Among the Inuit peoples, divorce was discouraged, but either spouse could demand one or they could exchange partners with a different couple as long as all four people agreed.

Why have the stakes of who can obtain a divorce and why been historically significant?

The stakes of who can obtain a divorce and why have always been high because divorce is a battlefield for some of society's most urgent issues, including the roles of church and state, individual rights, and women’s rights.

How did the Quran's rules influence divorce practices among Muslims?

Muslims in Africa, the Middle East, and Asia began using the Quran’s rules in the 7th century AD, where generally, a husband can divorce his wife without cause or agreement, while a wife must secure her husband’s agreement to divorce him.

How did the Catholic Church's stance on divorce differ from Protestant churches in Europe?

In Europe, Christian churches controlled divorce from the 11th century on, with the Catholic Church banning it entirely and Protestant churches allowing it in restricted circumstances, particularly adultery.

What significant changes in divorce laws were introduced during the French Revolution?

The French Revolution ushered in the first of the new divorce laws, allowing men and women to divorce for a number of grounds, including adultery, violence, desertion, or simply mutual consent.

Why was domestic violence not widely considered grounds for divorce until the 20th century?

Domestic violence by a man against his wife was not widely considered grounds for divorce until the 20th century, reflecting the societal norms and legal biases of the time.

What is the concept of no-fault divorce and when did it start being adopted?

No-fault divorce is a concept where someone could divorce their spouse without proving harm and without the other’s consent. It started being adopted in the 1960s and 70s in many countries and states.

How has the transition from cultural and religious rules to state-sanctioned ones affected divorce practices?

The transition from cultural and religious rules to state-sanctioned ones has been messy and incomplete, with people often ignoring their governments’ laws in favor of other conventions, and biases in the legal system or community pressures affecting access to divorce.

What challenges do women often face after divorce in the United States?

In the United States, women experience economic loss far more than men after divorce, highlighting the social and economic conditions that can make divorce more difficult for women.