Chapter 13 Divorce Notes

Chapter 13 Divorce Notes

<p>CHAPTER 13 DIVORCE NOTES</p><p>AMERICANS LIKE MARRIAGE: One of highest marriage rates in industrialized world AMERICANS DON’T LIKE MARRIAGE: One of the highest divorce rates in world. AMERICANS LIKE MARRIAGE: One of the highest remarriage rates in the world. 1/3 remarries within a year</p><p>50% OF ALL MARRIAGES ARE LIKELY TO END IN DIVORCE</p><p>How can we prevent divorce? Make getting out of marriage more difficult? It used to be hard with a reason Encourage women to stay home with children so they can afford to get out? Large contributor to likelihood of divorce Encourage family self-sacrifice and less self-fulfillment? Impose more religious constraints? Should we re-stigmatize divorce?</p><p>Majority of divorce is caused by idealization of marriage. Must realize marriage is like LIFE – it is lifelong commitment involving considerable sacrifice. It is hard and has many problems.</p><p>COVENTANT MARRIAGE*******</p><p>Why so people divorce? List on board</p><p>1. Personality problems (most common reason given) 2. Home life 3. Authoritarianism 4. Differing valued</p><p>SOCIOLOGICAL FACTORS – Who is more likely to divorce?  Income (poverty)  Education (low)  Religion (less)  Race (African Americans more than White)</p><p>LIFE COURSE FACTORS  Age at time of marriage (young)  Pregnancy early in marriage (adolescent)  1st of 2nd marriage? (second)  Parents married or divorced (divorced) DIVORCE PROCESS Do you see a judge? Do you go to trial? Attorneys never work to reconcile a divorcing couple – catalyst for adversary</p><p>90% NO CONTEST No Fault Divorce ( irreconcilable diff, neither party responsible)</p><p>Cost?</p><p>1. Emotional Divorce: one spouse disengages 2. Legal Divorce: court ordered 3. Economic Divorce: Property settlement Result of no-fault is that divorcing women are impoverished 27% decline for women, 10% decline for men (1/2 the income to live on) 1 out of 2 live below poverty level</p><p>Why? Gender discrimination, age discrimination, day care problems, lower earning capacity.</p><p>4. Co-parental Divorce: Marriage ends but parenting does not 5. Community Divorce: In-law become ex-laws, friends take sides 6. Psychic Divorce (Most Difficult): Former spouse becomes irrelevant to you </p><p>Marital Separation Separation Distress: Situational anxiety 2nd only to death of a spouse</p><p>New self – Post-divorce identity</p><p>Dating again Statement to community Opportunity for building self esteem Initiates into single subculture No relevance between dating and happiness as a single</p><p>ALIMONY & CHILD SUPPORT Alimony in only 15% of divorces Less support, more controversial Investment Doctrine: Medical education support entitled to future income and retirement</p><p>Trump to Avana = $60,000/month</p><p>60%of divorces involve children 90% of moms get custody. Why? Children rarely see divorce as the opportunity parent may see but if abuse stops it is a relief.</p><p>*Who does better? Young or older children? (younger & boys) *What do they feel? (Guilt, anger, blame) Teens rarely feel guilt or blame self *How to tell and how to answer questions? (Both present & reassure about living conditions) *How to help them adjust? Communicate, Continued involvement, lack of hostility, stable living conditions</p><p>CUSTODY 1. Sole: 2. Joint Legal: 3. Joint Physical: 4. Split Custody: 5. Joint:</p><p>MEDIATION: Husbands feel good about it and are more willing to pay child support.</p>

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