We are lucky to have the possibility to finalize an unhappy marriage without much hassle via uncontested divorce ny online. Divorcees can count on equality, respect for rights and interests, and beneficial outcomes for both sides.
But the truth is that the divorce process wasn’t always the same. Social activists, lawyers, and divorcees themselves put in much effort to bring up changes and guarantee the comfort and advance of every participant in the marriage termination case.
Discover important divorce precedents that greatly affected the history of divorce and created all the possibilities to change our lives for the better now.
Loving v. Virginia (1967)
Loving v. Virginia belongs to the most famous supreme court case which helped to fight racial inequality in society. This case is not about divorce but about a couple who opt not to divorce despite the pressure from the legislature. Mildred and Richard Loving got married in Washington but after they moved to Virginia state, troubles with the law began to arise. As in many other states, interracial marriages there were forbidden and strictly punished.
The couple had either to terminate their marriage, spend a year in jail, or 25 years in exile. The Lovings tried to regulate the issue legally but since they couldn’t bend the law, they chose exile.
Yet, the Lovings’ case put the beginning to a series of other precedents so that interracial marriages were legalized overcoming the banning law in 16 states. Eventually, the couple managed to settle their life anywhere they preferred later.
Stanley v. Illinois (1972)
One of the top famous court cases took place in Illinois in 1972 and had to do with the equality in custodial rights and opportunities of the parents. Earlier in most states, unwed fathers were treated as inappropriate candidates to perform custody over children. It was thought that they cannot provide subtle care and manage kids’ conflicts and behavioral disorders properly.
The father of two lost his right to care for his children after his wife’s death with no possibility to fight for his parental rights. A similar outcome awaited all the divorce fathers then as well. But as the petitioner pushed the case to Supreme Court, it was later stipulated that both unwed mothers and fathers held equal rights to care for their children after a spouse’s death or divorce.
Eisenstadt v. Baird (1972)
The case took place after Willliam Baird gave contraceptives to an unmarried woman and was to be punished by the law. The point is that earlier it was prohibited by the law to grant unmarried people any kind of contraceptives and by any other people than in-field doctors and physicians.
After a series of hearings, the Supreme Court admitted that defining whether single or married people have the right to access contraceptives without restrictions is a serious invasion of personal and marital privacy. Such decisions prevented a number of divorces, strengthened marriages, and made the private life of singles safer.
R.E.T. v. A.L.T. (Delaware, 1979)
This divorce case brought a difference to the process of alimony assignment after marriage termination. The couple was well-employed before the marriage and had a steady income. Although the wife was offered a managerial position she declined it so that she could move in with her husband and start a family together. Later, she gave up her job due to pregnancy. The wife made a 20-year career break to look after the kids and support her husband. Meanwhile, the husband developed his career gradually and had an annual income increase of 10% at least.
The case required a special approach for the alimony to be assigned and the rights and wellness to be distributed equitably. It was highlighted how the wife’s commitment to family life and relationships, and her career sacrifices weighed the same or even more than the husband’s financial input in the family’s budget. The case brought the role of the housewife to an entirely new level guaranteeing divorced women more equatability and benefits after the end of the marriage.
Obergfell v. Hodges (2015)
The case equalized the rights of hetero and homosexual couples and set the beginning of a new era of same-sex marriages in the USA. Prior to the case, only thirty-six states allowed same-sex marriages, while in other states homosexual couples had either fewer rights or couldn’t be legally married at all.
Obergfell v. Hodges resulted in same-sex couples attaining a similar right to marriage along with any other rights and responsibilities that heterosexual couples have nationwide. This brought new possibilities and freedoms to US couples so that they can get married or divorced and regulate their private life no matter their sexual preferences.
Conclusion
The famous Supreme Court divorce precedents and other family law cases had a great impact on the development of marital relationships in the US. Nowadays, we have all possible tools and rights to embrace our personal freedom both in marriage and divorce. Learn more about the people who made it possible by fighting for equal rights and possibilities. Get to know your local family law and manage your life to make it comfortable and under the legislature.
