But within the last century women have been emancipated politically. Property rights have been extended them; the growth of the woman's movement has resulted in the winning of female suffrage. Economic independence and social freedom have combined with political emancipation to emphasize the spirit of individualism among women. Politics and club work have, in the eyes of many wives and mothers, become more attractive than domestic concerns, with a resultant neglect of the home. Higher education for women, including a wider knowledge of legal matters, has acquainted women with their legal rights and privileges, and has made them familiar with the steps necessary to secure a divorce.
268. INDIVIDUALISM MAY BE EXAGGERATED.—The American people are celebrated for their strongly individualistic character. This trait is closely related to the initiative and self-reliance which have helped toward our industrial success; on the other hand, individualism may be carried to the point of selfishness. It is desirable, of course, that both men and women maintain high standards of living, and that they cultivate their respective personalities. It should be noted, however, that marriage is often delayed or altogether avoided because of selfish ambition and the desire to live a care-free and self-centered life. The insistence which many young people place upon personal rights has encouraged the belief that marriage is intended for man's and woman's convenience, rather than for the building of normal homes and the development of community life. In too many marriages the contracting parties selfishly refuse to make the mutual concessions necessary in married life and so wreck their domestic happiness.
269. THE DIVORCE EVIL.—Family instability has been increased by the demoralizing influences which we have been discussing. A familiar symptom of family instability is the divorce rate. One out of every eight or nine marriages in the United States is dissolved by divorce. Not only do we have more divorces than all of the rest of the world together, but our divorce rate is increasing three times as fast as is our population.
The value of these statistics is affected by two factors. In the first place, much domestic unhappiness does not express itself in the separation of husband and wife. Or, where such separation does take place, it may not be through the divorce court. Among the city poor, for example, desertion is four times as common as is divorce. Thus the divorce rate indicates only a share of family instability.
The second modifying factor, however, lessens the force of our divorce statistics. A high divorce rate is to be interpreted with care. Our divorce rate is higher than that of European countries, but it should be remembered that in those countries where customs, laws, and religious beliefs are relatively conservative, families may be held together legally in spite of the fact that they have already disintegrated. Thus family life may be as unstable in a country in which the divorce rate is low, as in a country in which the divorce rate is high.
270. LAXITY OF OUR DIVORCE LAWS.—Although divorce may sometimes be necessary, it is clear that in many of the states of the Union divorce laws are too lax. The practice of the states as regards divorce is divergent: in South Carolina divorce is absolutely prohibited; in the remaining states there is a variable number of grounds upon which divorce may be secured. Divorces are often rushed through the courts, partly because of the overworked character of the divorce tribunals, and partly because public opinion tolerates the lax administration of divorce laws. In some states divorces have been secured in fifteen minutes, being granted without any attempt at solemnity, with no adequate investigation, and with numerous opportunities for collusion between the parties involved. The effect of this laxness has been to encourage the dissolution of the home for trivial and improper causes.
271. THE QUESTION OF STRICTER DIVORCE LAWS.—Uniform divorce laws among the several states are now being agitated. The essential provisions of such laws may be outlined as follows: It is desirable to have a court of domestic relations, which shall carefully and wisely attempt a reconciliation of husband and wife before divorce proceedings are resorted to. Applicants for divorce should be bona fide residents of the state in which the suit is filed, and should be required to reside in the state two years before a decree of absolute divorce is granted. In some states at least, the number of grounds upon which divorce may be secured should be reduced. An adequate investigation should be undertaken, both in order to determine the justice of the suit, and to prevent collusion. The primary aim of the divorce laws should be to allow relief from a vicious and hopelessly wrecked union, but at the same time to prevent the misuse of the statutes by irresponsible and unscrupulous persons.
272. LAXITY OF OUR MARRIAGE LAWS.—The fact that unwise marriages are an immediate cause of divorce leads back to the question of our marriage laws. Marriage laws often permit the mating of couples unfit for home-making. In some states the authorities are not overcareful to prevent the marriage of persons who are mentally defective. There is among the several states no agreement as to the legal age of marriage, and no agreement as to the relationship within which marriage is forbidden. Hasty unions have been encouraged by the lack of solemnity which characterizes civil marriage. Marriage is more and more a civil contract, devoid of religious sanctions and spiritual associations. Many consider marriage as a civil relation not radically different from any other contract. The effect of this changed attitude has been to encourage the enactment of loose marriage laws, and the careless administration of sound marriage laws.
273. THE QUESTION OF STRICTER MARRIAGE LAWS.—Stricter marriage laws are being advocated in many states. We know far too little about eugenics to warrant prediction as to the type of individuals best fitted to build normal homes, but it is clearly desirable to prohibit the marriage of all mental defectives. There are also good reasons for the restriction of the marriage of minors, of persons between whose ages there is a wide disparity, and of persons who are members of widely divergent races. It would probably check hasty marriages to increase the length of time elapsing between the issuance of the marriage license and the performance of the ceremony. If modern marriages were more distinctly upon a religious basis, it is likely that many persons who now rush thoughtlessly into marriage would be led seriously to reflect upon the significance of the step.
274. LAW NOT THE UTLIMATE REMEDY FOR FAMILY INSTABILITY.—The careful enactment and wise administration of sound laws on marriage and divorce will undoubtedly check the number of unhappy and unsuccessful marriages. Nevertheless, law is not the ultimate remedy for family instability. Unduly restrictive marriage laws may result in abnormal tendencies among certain classes of the population, while severe prohibitions upon divorce may prevent individuals from securing release from a hopelessly wrecked marriage. Divorce is only a symptom of deeper-lying evils. Really to remove the dangers which threaten the integrity of the family we must go deeper than legislation.