7400.201 Courtship Marraige and the Family
Week
14 Chapter 16.
Separation and
Divorce
A great many Americans are concerned
today about the numbers of
people divorcing and about the relative ease with which people
dissolve their marriages. A. During the years from 1860 to 1981, the
number of divorces per one
thousand people generally increased in the United States.
The rate rose significantly during World War II, peaked at the
conclusion of the war (1945-1947), and then began to decline. The
rate remained fairly stable during the 1950s and the early 1960s
and then increased rapidly again after 1965. By the mid
1970s, the United States had the highest divorce rate in the Western
world. After 1981, the rates tended to decline. By 1995,
they had gone down to 4.4 per one thousand people, a number lower
than any since the early 1970s.
In response to the increase in
divorces, states have changed divorce
laws. The changes reflect a different perspective on
divorce: an individual rather than a government-controlled
decision. In the 1970s, California and New York began the
trend toward no-fault divorce, which is now practiced in all
States. The purpose of no-fault divorce laws was to remove
some of the acrimony and pain from the process. In many cases,
this aim has been achieved, and proponents argue that no-fault laws
also make divorce a more equitable process. To many Americans,
however, no-fault divorce appears to make divorce too easy. Some
states have adopted covenant marriage, wherein the partners agree that
they will not divorce except for abuse or adultery.
Reasons for the
high divorce rate in the U.S.
- Romantic notions about marriage and Love, coupled with the
freedom to
make
mate selections independently of others. High expectations from marriage
- Heterogamy of social characteristics - low social support for
mixed
marriages
- More liberal divorce laws and customs - relaxed social attitudes
- Equalitarian social climate
- Economic instability in the society
Interpersonal
Divorce Process - It is usually a process of
Gradual
deterioration - "Surprise, I want a divorce!" situations rarely occur.
Most often, divorcing couples have ignored the maintenance of their
relationship.
Process of Deterioration - -disillusionment
- marriage gradually becomes less personally
fulfilling.
- -testing the waters phase,- Asking the question "What if we got a
divorce?"
- -seeking outside counsel from friends.
- -rehabilitative reaction, "it's not so bad"
- -supportive reaction, "you will be fine" -opportunity reaction
- -"come over, let's talk and have some wine."
- -withdrawal reaction, friends fear "catching" your divorce.
- seeking legal counsel
- Most parents will agree with divorce - Most friends will be
supportive
- Reconciliations - 50% of those who initiate separations will
return to
the marriage for some time - on again/off again type relationships. 90%
will reconcile after filing papers
- Amicable divorces are rare - most are highly angered at each
other.
Researchers have identified a number
of features in the process
that are common to most divorcing couples. Not all
disaffected people divorce, and not all divorces
involve disaffection. When people do divorce, four phases
tend to mark the process:
- 1. Recognition begins when one or both spouses become
aware of
serious problems.
- 2. Discussion is the period during which one or both
spouses
begin to share the marital problems with others.
- 3. In the period of action, one of the spouses secures a
lawyer
in order to legally dissolve the marriage.
- 4. The postdissolution period begins when both spouses
accept
the fact that the marriage has ended.
Paul Bohannan discussed divorce in
terms of six “stations,” or
six different experiences that people are likely to have.
The emotional divorce involves a loss of trust, respect, and
affection for each other. The legal divorce is the only one
of the six stations that provides a tangible benefit to the
partners: relief from the legal responsibilities of the marriage and
the right to remarry. The economic divorce involves
settlement of the property. The co-parental divorce is
experienced by those with children: Decisions must be made about
who will have custody, visitation rights, and continuing parental
responsibility. The community divorce means that each of
the partners leaves one community of friends and relations and enters
another. Finally, the psychic divorce is the central separation
that occurs.
Identity
Reorientation - development
of the "single" self is
difficult
depending on the duration of the marriage. The longer the marriage, the
longer reorientation takes. Some factors are associated with the
process
of redefining oneself:
- new surroundings are necessary
- knowing the first year is the toughest, stressful and lonely
- resolution of stress through social participation - getting out
there
when
ready.
- sexual permissiveness can increase and should be avoided
- a good job helps increase self-image.
Patterns of Divorce - Not all
divorces follow the same pattern
of events:
- a. Enmeshed pattern: ambivalence on the part of both -
enmeshed couples
are most likely to reconcile or remarry each other.
- b. Nonmutual pattern: one wants out, the other doesn't. These can
be
the most bitter, hard fought divorces.
- c. Disengaged pattern: both want out. Most likely to be over
sooner,
and more quickly resolved.
Incidence of Marital Separation.
- Annulment - legal termination of an invalid marriage.
Conditions
have to have existed prior to the marriage:
- fraud
- bigamy
- instanity
- marriage under duress.
- Less that 3-4% of all marriages are annulled.
- Desertion - separation contrary to the will of one spouse. The
2nd most frequent form of dissolution. This is a criminal offense, if
prosecuted,
but is usually reported only when financial support is requested from
the
state, or if used as grounds for legal divorce. Usually males do the
deserting.
- Legal separation - aggreed to by both partners, it is the
precursor
to divorce. Persons may not marry again or have sexual contact with
others
during the separation period. Family debts and finances are the
responsibility
of the couple during this time. A Separation Agreement is made -
lawyers
draw up conditions for the separation regarding custody, visitation of
the noncustodial parent, injunctions, debts, and child support
payments.
- Divorce - The final Legal and Social Dissolution of marriage.
Responsibilities
are not dissolved, only the legal marriage. Children, property,
business
ventures, any persons or property produced by marriage must be
dispatched
legally, as spelled out in the Agreement. Rising from 246,000 divorces
in 1940 and leveling off to about 1.5 million a year in 1984. Divorce
rates
- #Divorces per 1000 married women - allows interpretations of divorce
in vew of population changes.
Factors influencing the probability of
divorce
Demographic Factors:
- age at marriage: the lower the age --> higher probability
age at 1st
marriage
is the singlemost influential factor Marriage after age 22 has no
statistical
relationship to divorce.
- length (duration) of marriage - usually two peaks: a bimodal
curve.Actually,
logic has it that the longer the marriage, the greater the opportunity
for divorce.
- level of education - homogamy of social characteristics and not
absolute
education - maybe degreesw held. Greater dscrepency in education
---> greater
probability of divorce. When education is INTERRUPTED, greater chance
of
divorce.
- social class - highest divorce rate in the lower/working social
classes.
Financial insecurity ----> marital instability, unhappiness and
dissatisfaction.
Younger are less financially mature and more prone to romanticism.
- family-of-origin stability: higher risk of divorce if parents
are
divorced
because parental divorce --> early marriage --> divorice. All
these factors have a greater effect on women than men, women marry
early more often than men.
Social
Environmental Factors
- Greater Social Acceptance of Divorce
- Changing Demands on Marriage and Family - fewer socially bound
marriages and that the marital relationship often acts to absorb social
stress
from outside the marriage
- Dual-worker Marriages - little time for relationship
- Economic Changes - women now have more economic means, making
them less
dependent on the marriage for financial support.
Relationship
Factors
- Fraudulent Marriage Agreements
- Discordant Relationships
- Disqualifying Relationships - one partner is blamed
- Collusion - a marriage is based on deviant terms - marriage if
I can
keep
drinking or seeing other women.
- Violent marriages
D. Personal
Factors
- Unrealistic Expectations and Evaluations
- Fading Romantic Interest
- Leftovers from prior Relationships
Divorce as Process - Not an Event - Most
people find out by experience that divorce is a "process" - often
taking months (even years) - than a single event. Depending on the
degree of commitment to the marriage, and the length of marriage, the
process of total divorce may take as long to complete as the marriage
took to dissolve. Divorce only dissolves the legal marital
relationship, not the emotional, economic, parental, community,
or psychic relationships that have evolved.
Effects of Divorce
- Emotional Effects - divorce is an emotional crisis men are
less
traumatized by divorce than are women. probably because marriage is a
little
less valued by men than by women. Still women are more likely to
initiate
a divorce, then suffer from loneliness, depression, and anxiety over
the
future.
- Economic Effects - Despite the institutionalization of No-fault
divorce
laws in almost all states, women still bear the most financial loss. In
fact, women (with children in custody) suffer about a 50% reduction in
their standard of living, while men enjoy about a 70% increase in their
lifestyles after divorce - in states with community property laws and
among
no-fault divorces.
- Social Effects Perhaps the greatest sadness of the "age of
divorce"
is not the loneliness suffered by the casualties, but it is the effects
of divorce on children.
While social scientists once agreed
that it was better for a couple
with
children to divorce rather than live unhappily with children observing
-- now most social scientists
agree that the most
harmonious
outcome for children is to live with their parents - regardless of
the quality of the relationship of the parents to each other (barring
physical
violence or neglect). There is some degree of emotional trauma
suffered by children of
divorced
parents, depending on the age of children at the time of divorce. In
most
cases, this is short term. There is also the loss of a confidant and
guidance
counselor that is the non-custodial parent. Generally - the
non-custodial
parent (dads in 90% of the cases) begins with prompt child support
payments
and on time visitations, but gradually slacks off -- so that by the end
of the first year he is delinquent in both payments and visits.
However the greatest threat to children
is the loss of material
wealth.
Children living with their mothers are likely to have had to move into
other neighborhoods, begin new school system careers, and make new
friends
at a time when old habits would have offered more comfort. Loss of
material
wealth causes these emotional upsets. In fact, non-custodial fathers
somehow
do not pay almost 60% of the court awarded child support payments in
any
given year. This fact alone is sufficient to force many single parent
families
into
poverty, or just above the poverty line. One child in four (20%) our
society
lives below the government mandated poverty line (1 child in 3 if we
use
the poverty line + 25%) and the majority of these children are from
single
parent families headed by mothers. Contrary to conservative
political
beliefs, only 35% of these single mothers are members of any minority
group.
When we look at our society and observe the social problems
plaguing
us - drugs, runaway children, teenage prostitutes, and increasing crime
rates in many areas - it is clear that there is at least one glaring
cause
of all of this.
If divorce results in 25% to 33% of our
children living in or near
poverty.....and
poverty causes people to break the law to get over hard times .... and
law breakers get caught and go to jail ... then in a more or less
direct
way - divorce is somewhat responsible for much of what we see as
problematic
in our society. Thinking about the SINGLE PARENT MOTHER - There are at
least four areas of crisis: a. responsibility overload b. task overload
c. emotional overload d. financial overload.
Factors Related to Divorce (Recap)

A. Social scientists
have found that it is not just what people do that helps account
for the failure of a marriage, but also
certain sociodemographic factors.
- An inverse relationship exists between
socioeconomic status and divorce rates.
- The younger you are when you marry, the
greater your chances of divorce.
- African
Americans are more likely both to separate and to divorce than are
whites; in
fact,
African
Americans have higher rates of divorce than any other racial group in
the United States.
- Social integration is a state of relative harmony and
cohesion within a group. People who are
members of an integrated group have an important source of
support, a buffer against stress. Religious
groups provide one source of social
integration. Children can also be an
integrating factor.
- Divorce has become more acceptable over time.
In the United
States, we have a
“divorce culture” that is rooted in our individualism and insistence on
personal happiness. In addition, the
changing roles of women are associated
with higher divorce rates.
The foregoing
sociodemographic factors are important, of course, because they
have a bearing on the way people interact.
- Some of the complaints that surround
divorce are infidelity, personality conflicts, financial problems, lack of
communication, and conflict over roles.
- Some marriages are characterized by intense
conflict.
- One of the possible reasons for the slow,
nonconflicted erosion of a marriage
is changed perspectives. People change
throughout their lives.
- One of the consequences of divorce is
likely to be an increase in emotional problems. But not all problems are the result of
divorce; some exist prior
and contribute to the deterioration of
the relationship.
There are both negative and positive
consequences of
divorce.
- Among the positive
outcomes of divorce include feeling worthwhile as a person, experiencing personal growth and maturity,
feelings of relief, and feelings of being
closer to one’s children.
- Problems with
physical and emotional health are common among people who are in the process of divorcing.
- Divorce is not
likely to be financially beneficial for men nor is it as financially detrimental to women as it once was.
- A divorce doesn’t
necessarily end interaction between former spouses.
The quality
of the interaction between ex-spouses varies considerably.
Psychologist Constance Ahrons
found four types of
relationships between ex-spouses: fiery foes,
angry associates, cooperative colleagues, and perfect pals.
Divorce can be a very painful
experience for
children.
- In the short term,
children are likely to suffer a variety of physical and emotional problems when their parents divorce: intense
anger, self-blame, fears about the future,
physical health problems, self-concept difficulty, more school
problems, and higher rates of drug use and
premarital
sex.
- In the long term,
there can be both detrimental and beneficial effects.
If some of the effects are
positive, others are
neutral. Among the negative effects are
lower levels of psychological
well-being, more negative attitudes toward marriage, lower
levels of trust, and a higher risk of
premature mortality across the life span.
- Girls tend to
adjust more easily to divorce than do boys.
Custody arrangements can be very
painful for both the
parents and the children. Increasingly
in the twentieth century, mothers were granted custody under the
“tender years”
doctrine. After the mid-1960s, an increasing number of fathers won the
right to
sole custody. Joint custody is another
option, in which both parents continue to share the responsibility for
the care
and rearing of the children. Joint
custody arrangements seem to be more satisfying to both children and
parents.
For children, coping with the
disruption of divorce
depends in part on the behavior of parents.
Children adjust better to the extent that the divorce reduces
the
conflict between the parents.
Divorced parents will help their children
adjust to the extent that they have a sense
of control over their child-rearing responsibilities.
If the parents adjust well to a divorce,
then they will help their children to
adjust.
Back to Syllabus