divorce Flashcards
(20 cards)
what is divorce?
the legal dissolution of a marriage
what is the legal history of divorce?
1857 - only men could file for divorce if he wife was unfaithful
1923 - women could now file for divorce
1949 - legal aid introduced to help people afford divorce
1969 - divorce reform act
when was the divorce reform act and what did it allow?
1969 - it allowed people to divorce on wider grounds, unreasonable behaviour, adultery, desertion and with or without consent
when were divorce rates at the highest?
1993 with 165,000 divorces but this has fallen to 91,000
who files divorce the most?
women file 65% of divorce
what did chandler find?
40% of marriages end in divorce
what do divorce statistics not show?
people who are separated not divorced
empty shell marriages
how many unhappy before divorce was made easy.
what are risk factors for divorce?
- marrying young
- children before marriage
- cohabit before marriage
people where parents have previously been married
what are the five explanations for the increase in divorce?
changes in law
declining stigma
secularisation
rising expectations of marriage
increased financial independence
why do feminists argue divorce rates are increasing?
Marriage is patriarchal – whilst there have been developments for women in society, the family still largely disadvantages women.
Women are treated unequally in the home – dual burden & triple shift. This creates tension in marriages and has led to the increase in divorce.
Women are fed up!
Sigle Rushton:
Mothers who suffer from a dual burden (paid work and domestic work) are more likely to divorce their husband in comparison to mothers who uptake a ‘traditional’ non-working role.
BUT if husbands share domestic roles with their employed wife, divorce rates fall and become equal to the divorce rates of those in traditional roles.
However, Cooke and Gash (2010) found no evidence that working women are more likely to divorce; this is because married women are now expected to work.
Hoschild:
Women feel appreciated in the workplace but underappreciated in the home.
Despite the majority of married couples working, conjugal roles are still unequal which causes tension.
Due to both people working, there is less time for emotional work and support to take place in the marriage.
what does radical feminist bernard argue?
Women are now realising that marriage is a form of patriarchal oppression. This is evidenced by the rising divorce rate and the number of women filing for divorce
how do beck and giddens see rising divorce rates?
argue that people are no longer pressured by traditional norms i.e. remaining married.
Society encourages individualism.
Despite the differences between late and post modernists; they both agree that in society people now have more choice, and are encouraged to pursue their own interests. This is known as the individualisation thesis.
how do rising divorce rates increase divorces?
Rising divorce rates normalise divorce, and encourage people to think about their own personal fulfilment in their marriages.
People become so personally invested in themselves that it can break down relationships.
People no longer feel they have to stay in loveless marriages. People now seek what Giddens calls a ‘pure relationship’
how do functionalists view high divorce rates?
High divorce rate does not prove that marriage as a social institution is under threat.
Just shows peoples high expectations.
High remarriages show a commitment to marriage.
Parsons – reduced functions of the family.
Traditional family functions have been transferred to other institutions. If love and companionship disappear then there is nothing left to keep the marriage together.
how do the new right see divorce?
The New Right – UNDESIRABLE
Undermines the traditional nuclear family.
Creates an underclass of welfare dependant female lone parents
Leaves young boys without a male role model.
how do feminists see high divorce rates?
High Divorce = DESIRABLE
Women’s Liberation
Women are breaking free of the oppression of the patriarchal nuclear family.
Divorce Laws have helped women to gain freedom, independence and social equality.
Rising divorce doesn’t mean people are becoming anti-marriage
40% of marriages are remarriages
Rogers and Pryor 1998
The Divorce is only one factor in causing problems for children.
Hetherington (2002)
For 75% of children divorce has few negative effects.
Jon Bernardes (1997)
Divorce is less damaging then a negative marriage.
how do postmodernists view divorce?
Gives people freedom to choose what they want – Individualises
Creates greater family diversity and less social disapproval
how do PLP see divorce rates?
You need to understand what divorce means to every couple.
Morgan(1996) You can not generalise about the meaning of high divorce.
Everybody has different experiences.
