“A child’s world is changed by Divorce, but mindful co-parenting can change chaos into strength.”
ABSTRACT
Divorce is a challenging process that has a profound and lasting impact on children’s well-being. This research paper delves into the impact of the divorce laws on the well-being of the children involved in the divorce cases. The study aims to analyze the impact of divorce on children’s mental health, emotional stability, and overall well-being. The paper emphasizes the need for legal authorities to prioritize the needs of the child in divorce cases and custody arrangements by promoting policies that support healthy co-parenting.
Keywords: Divorce, Children’s well-being, emotional distress, co-parenting, parental conflict.
INTRODUCTION
Divorce is the termination of the social contract between the two spouses from their marriage. Divorce is a difficult and very challenging process that affects all the parties, but it has a great impact on the children. Recognizing and comprehending the conceivable effects of separation on children is basic as guardians arrange the troublesome territory of concluding a relationship. A court can give custody of the child after the divorce to any parent whom they believe to be competent to parent the child. A young or minor child feels many emotions when they see their parents falling apart or deciding to take a divorce and the child thinks that they may not get the love and time, they had spent with their parents. These results all depend on the age of the child like the way their parents are taking divorce, their understanding level, etc. At the time of divorce, parents also go through many emotions and they worry about many things like how will they live, custody arrangements, financial stability, etc. However, the main concern the parents have is how their children will react after divorce and how can they handle them. In this situation, the parents have to co-operate well with their child and they have to make sure that the child gets the love and attention from both the parents.
RESEARCH METHODOLOGY
This research paper is descriptive and the research is based on secondary sources which are useful for providing a deep understanding of the impact of divorce laws on the health of children. The data for this research is obtained from a variety of secondary sources including journal articles, websites, acts and statutes, and reputable online databases.
REVIEW OF LITERATURE
Divorce is a complex and challenging experience for all the people involved, especially children. This literature review aims to explore the existing research on how divorce affects the well-being of the child. Research suggests that divorce has a deep impact on the psychological, emotional, and physical well-being of the child. The research was done by Amato and Keith in the year of 1991 in which they found that the children of divorced parents have a higher risk of anxiety, psychological problems, anger issues, etc. In the year 2000, research was done by Wallerstein, Lewis, and Blakeslee in which they highlighted the long-term impacts of divorce on children’s well-being. Another research was done by Hetherington and Kelly in the year of 2002 in which they highlighted that there is a link between divorce and behavioral issues in children. Due to the high conflict of divorce, the behavior of children automatically changes and they get anger issues. The complexity of the divorce proceedings, lengthy court battles, and custody arrangements can create a stressful environment for children, leading to feelings of instability and insecurity.
In the study done by S. Muskan in the year 2022, they found out that children of divorced parents faced a lot of trouble in maintaining and forming friendships. The study stated that these children faced difficulties in forming a relationship and due to this, they suffered from anxiety and depression. She extended that these children withdraw themselves from people and even in school they a distant from their classmates which affects their academic performance.
These studies highlight the importance of healthy co-parenting and the legal frameworks that support joint custody so that the children don’t have to live with a single parent and get the love and care of both parents.
DIVORCE LAWS IN INDIA: AN OVERVIEW
The religion of the spouses influences the Divorce Laws in India. In India, many acts regulate divorce cases which are based on the religion of the spouses. If the couples of the divorce cases belong to the Christian religion, then the cases are regulated under the ‘Indian Divorce Act, of 1869’. This act allows fault-based divorce and mutual divorce. If the spouses belong to the religions of Hinduism, Buddhism, Sikhism, and Jainism, then the cases are regulated by the ‘Hindu Marriage Act, of 1955’. If the couple belongs to the Muslim religion and wants to get a divorce, then their case falls under the ‘Dissolution of Muslim Marriages Act, of 1939’. If the couples belong to the Parsi religion, then their cases fall under the ‘Parsi Marriage and Divorce Act, of 1936’. There is the ‘Special Marriage Act, of 1954’, which covers both civil and intercommunity marriages.
If the spouses have decided to take a divorce, then there are two types of Divorce petitions present in India which are Divorce with ‘Mutual Consent or No-Fault Divorce’ and ‘Marriage Dissolution or Divorce without Consent from both parties’. If the spouses decide to terminate their marriage without any arguments or we can say that they mutually agree to take a divorce, then they may choose a no-fault divorce or a divorce with mutual consent. Section 10-A of the Indian Divorce Act, of 1869 says that the spouses have to prove that they have been living separately for 2 years and don’t have a relationship like a husband and wife. If a husband files for divorce based on allegations of adultery by his wife or a wife files for divorce in several situations, such as when her husband starts practicing another religion or when she witnesses adultery combined with cruelty or desertion, then it comes under the category of Divorce without consent from another party.
The new rules of divorce regulations are:
Waiving the Required 6-Month Rehabilitation Period: When the couples mutually decide to take a divorce and files for a divorce, then the court asks them to leave after 6 months so that they try to resolve the problem and after completing the said term, if they want to take a divorce, then the court may grant the divorce. The court has given this time frame in an attempt to keep the marriage intact. However, the new rule states that it is now optional and up to the court’s judgment.
Irreversible breakdown of Marriage as a Lawful Ground for Divorce: If the court believes that there are no chances of reconciliation between the parties, then the court may grant a divorce based on an irreversible dissolution of marriage. In the case of Sangamitra Ghose v Kajal Kumar Ghosh, the Supreme Court of India noted that the cases in which the marriage was irretrievably destroyed and that there were no chances to mend the relationship, then in those cases, the couple was granted a divorce by the court due to the irreversible dissolution of their marriage.
Triple Talaq Cannot Be a Ground for Divorce: In India, Divorce can be initiated by only repeating the word “Talaq” three times, by Muslim law. Muslim women are treated unfairly by this rule, which grants Muslim males the authority to end a marriage on their own. The arbitrary triple-talaq practice violates the rights of women. Under the current divorce laws in India, the “Triple Talaq” is no longer recognized by the state and has been deemed unconstitutional.
MITIGATING THE IMPACTS OF DIVORCE ON CHILDREN’S WELL-BEING
The Researchers have identified highly negative impacts on children’s mental, emotional, physical, and social health which happens due to the divorce of their parents. A child who experiences divorce typically spends far less time and has less interaction with one parent—typically the father because in most divorce cases, the court grants the custody of the child to the mother. Children may lose attachment bonds as well as the practical and emotional support of both parents because of this. As a result, the family’s financial resources are usually significantly reduced. Custodial parents, who are mostly moms, typically see a 25–50% decrease in household income. Access to education, recreation, and other opportunities may be restricted to the child due to the financial hardship that arises with the divorce.
- EMOTIONAL DISTURBANCE
The mental disturbance that arises with the divorce has a great impact on the well-being of the child. The termination of the marriage of the parents creates intense feelings like confusion, anxiety, and fear of separation from one parent, which affects the emotional and mental health of the child. It becomes difficult for the children to adapt to the changes that occur in their family structure. So, to create a good feeling in the mind of the child, the parents must create a space for the child where they can express their feelings, and their thoughts and receive validation for their feelings.
A child’s mental health may be directly impacted by the emotional upheaval that follows a divorce. According to some research, children of divorced parents may be more susceptible to mental health problems including anxiety, fear, depression, and sadness as well as a higher likelihood of facing relationship problems as adults. The long-term psychological effects of divorce can be reduced by supporting the child and having regular communication with the child, so that he may not feel loneliness.
- POOR ACADEMIC PERFORMANCE
Stress and disturbance caused due to the divorce have a great impact on the academic performance of the child. Problems like an overall drop in the academic performance of the child, difficulties in concentrating on studies, and lack of motivation might be seen. The fights and unhealthy environment the child sees have a great impact which results in many problems, and poor academic performance is one of them. To help the children overcome any problems they may encounter in school, parents and teachers should work together to establish a nurturing atmosphere for the children. The problems faced by the child can be reduced by providing resources like counseling or extra academic support to the child, spending time with the child so that the child may not feel alone, and showing love and care to them. To minimize the negative effects caused due to the divorce, both parents should collaborate.
- SOCIAL RELATIONSHIPS
Children’s social relationships and family dynamics can be negatively impacted by divorce as they deal with betrayed loyalties and shifting allegiances. They could show increased social disengagement, mistrust of other people, and relationship issues. Research shows that children who experience divorce from their parents have chances of divorce when they are in their relationships. In addition to causing communication and attachment problems, divorce can also damage the bond between parents and children. High-conflict divorces have the potential to worsen distress and impair mental health. After a divorce, children may face many difficulties in maintaining positive connections with both parents, especially if there has been a great deal of fighting and hate because they have seen their parents which makes them lose their trust. To lessen the negative effects that arise from divorce, parents must cooperate and make their children feel a sense of security, love, and affection.
- PHYSICAL HEALTH
The children who have gone through divorce proceedings, it is found that they have worse physical health outcomes, like high chances of obesity, asthma, and other illnesses. These problems occur due to the strain and disturbance caused by the divorce. The results differ according to the age of the child, the level of parental conflict, and the bond that the child shares with the parents.
- PSYCHOLOGICAL PROBLEMS
Divorce has a major impact on children’s psychological well-being. According to the report of the National Survey of Children’s Health, many children under the age of 18 suffer from “Adverse Childhood Experience (ACE). Children feel the bond between their parents is a strong one which gives them the feeling of trust love and protection. Youngsters frequently feel a variety of emotions, such as guilt, perplexity, rage, and grief. Divorce rules that put the child’s best interests first can lessen these detrimental emotional effects. In the cases of divorce which involves high conflicts with the spouses, their children suffer from psychological disorders such as anxiety, sadness, depression, and other behavioral difficulties. To minimize the conflicts that arise, many countries mandate that the parents attend mediation sessions to reach an amicable resolution for custody disputes. Therefore, protecting children’s mental health can be greatly aided by divorce rules that support cooperative parenting and offer tools for resolving conflicts.
It is very difficult for parents to listen to how their divorce has a great impact on the lives of children because the parents may feel guilty or inability to protect their child. So, to give support to their children, they have to cooperate with their parents and spend time with their children.
CHILD CUSTODY ARRANGEMENTS AND THEIR EFFECTS
Child Custody is a very challenging aspect of Divorce. It determines the upbringing of a child after the divorce of their parents. It means that the custody of the child will decide where the child will live and with whom. Likewise, it has a great impact on the well-being of the child. In India, the court keeping in view the interest of the child decides the custody of the child. In cases, where the child has faced abuse and violence, a single parent gets custody of the child.
Child custody includes physical custody, joint custody, partial custody, special guardianship, etc. Physical custody means only a single parent gets custody of the child and the other parent gets the chance to meet the child and spend the time periodically. It is the most suited type of custody as the child gets the love and care from both parents. In Joint custody, both parents mutually decide on the upbringing of the child. In Partial custody, the single parent gets custody of the child and the other parent doesn’t have any type of involvement in the upbringing of the child. When the court decides on the custody of the child, he keeps in view that the decision taken has the best interest of the child’s age, health, attachment with parents, etc. If the child’s well-being is significantly impacted by a change in circumstances, the custody agreements may need to be adjusted.
The family court in the case of P.T. Chathu Chettiar v. Kariat Kunnummal Kanaran on May 31, 1983, ruled that the father is the natural guardian of the child if he is alive and the court finds him to be suitable for the guardianship, then the mother could not seek the guardianship.
In the case of V. Meenapushpa vs. Ananthan Jayakumar, it was noted that if the child doesn’t want to live with the parents, then the custody of the child is granted to the grandparents, as the child was not willing to live with their parents.
The court provides custody arrangements to offer security and support to the child. But sometimes, the child doesn’t adapt to the new environment. In the cases, where the child lives with the single parent, it results in depression, anger, etc. The results depend on the age of the child. Minor children experience a sense of separation, they have a constant fear of separation from one of their parents.
In the case of Gaurav Nagpal v. Sumedha Nagpal, the Supreme Court held that while deciding the custody of the child, moral and ethical welfare along with the physical well-being of the child must be given due consideration.
To reduce the emotional distress that occurs with custody arrangements, it is important to maintain consistency and routines for the children. Parents have to make efforts to arrange a custody schedule that permits the child to spend quality time with each parent without being frequently interrupted. Children might feel more secure and predictable if they spend their time with both parents.
SUGGESTIONS
Divorce may be the best decision for the parents as it frees them from a toxic relationship. But sometimes, it has a great impact on the lives and well-being of the children. If the child is emotionally attached to both parents, then after the divorce of their parents, the child has to live with one of the parents which creates a constant fear of separation from the loved ones in the child’s mind. Due to this, the child’s academic, emotional, and social well-being is affected.
We always discuss the harmful impact of divorce on the child but sometimes, it is a good decision for both the parents and child. Because in some cases, it helps the child to move out from the toxic and unhealthy environment of the family where there are always conflicts, fighting, and violence. After divorce, the child gets a stress-free and healthier environment.
To reduce the negative effects of divorce on the health of the child, it is important to prioritize the needs of the children. The legislators and legal authorities have to advance laws that encourage co-parenting. So that, the children get the love and care of both parents. The divorce laws must put the interest of the child while deciding the custody arrangements. Good divorce laws put the child’s best interests first, encourage cooperative parenting, guarantee financial security, and assist kids’ social and academic development. Our legal systems need to change along with society to better assist children during the difficult divorce process.
The negative consequences of divorce can be reduced by promoting healthy co-parenting, offering emotional support, and keeping the kids out of confrontations. For couples considering divorce, mediation and therapy are crucial. While mediation can help lessen friction and streamline the legal process, counseling can assist them in resolving their problems and enhancing communication. In the end, the most important consideration in any divorce or family law discussion should be the welfare of the children. While a divorce may occasionally be required, we must take all reasonable steps to safeguard the children entangled in these drastically changing circumstances.
CONCLUSION
The emotional and psychological health, social relationships, and general well-being of children can all be heavily impacted by divorce. We always discuss the negative impact of divorce on a child’s well-being but it is important to notice the positive impact also. In many cases, divorce leads to the improvement in the relationship of the child with their parents. The parents spend more quality time with their child and make a special effort to understand the feelings of the child, providing support to their child., to lessen the negative effect, both parents have to make positive and stable relationships with each other so that the child gets the love and care of both parents. Co-parenting is the best way to reduce the negative effects of divorce on the lives of the children. Hence, to lessen the negative impact of divorce, the parents have to handle the matters with sensitivity and keep in view the best interest of the child.
Author: Saleha Haneef, Student of Integral University, Lucknow