Divorce Notes

Marriage and Divorce

Introduction

  • "Marriage may be temporary, but divorce lasts a lifetime."

Divorce Rates

  • Overall, divorce rates are lower today than during the 1970s-1990s.
  • Reasons:
    • Postponing marriage
    • Cohabiting
    • Higher education
    • Same-sex divorce (less in number)
  • Young couples are more likely to divorce
  • Sources: Plateris, 1973; U.S. Census Bureau, 2008, Table 77; "National Marriage and Divorce Rate Trends," 2013.

Factors Contributing to Divorce

  • Getting married young (in teens or very early 20s)
  • Having little education/few financial resources
  • Having poor communication and conflict management skills
  • Having a child out of wedlock
  • Having unrealistic expectations of marriage
  • Ignoring warning signs regarding: physical and verbal abuse, mental illness, substance abuse
  • Ignoring concerns of family and friends

Age

  • 48%48\% of all 1st marriages of women under the age of 18 have ended by their 10-year anniversary.
  • 24%24\% of all 1st marriages of women 25 years or older have ended by their 10-year anniversary.

Ethnicity

  • By the 10th anniversary:
    • 20%20\% of Asian American marriages have ended in divorce
    • 32%32\% of European American marriages have ended in divorce
    • 34%34\% of Latina marriages have ended in divorce
    • 47%47\% of African American marriages have ended in divorce.

Education

  • 36%36\% of non-college educated individuals are divorced, compared to 24%24\% of college graduates.

Divorce History

  • Children of divorce are at a higher risk for divorcing themselves than if they come from intact homes (4x according to some research).
  • 2nd2^{nd} marriages have a 60%60\% divorce rate and fail somewhat more rapidly than 1st1^{st} marriages.
  • 3rd3^{rd} marriages typically fail by the 5th5^{th} year (73%73\%).

Divorce Statistics

  • 43%43\% of all first marriages end in divorce (perhaps as many as 67%67\% of 1st marriages end in divorce over a 40yr span).
  • 50%50\% of divorces occur during the first 8 years of marriage, peaking at 3 years of marriage.
  • Only 12%12\% of divorces are in marriages that have survived 20 years.
  • Almost 1/31/3 of children under age 18 live with one parent.
  • Only 56.3%56.3\% of custodial parents received a child support agreement/award for child.

Factors Contributing to Divorce (cont.)

  • American husbands are less happy than they used to be because they’re doing more housework than they used to.
  • Divorce is less shameful and easier to obtain.
  • A no-fault divorce is seen as a more desirable response to a bad marriage.
  • Cohabitation is more prevalent; casual cohabitation leads to less respect for marriage and increases people’s willingness to divorce.

Stages of Divorce

Pre-separation
  • Fantasies, thoughts about life without spouse, emotional estrangement begins.
  • May maintain outward appearances of happy marriage at this point.
Early Separation
  • Decision is made to separate; begin to make decisions regarding residential and financial arrangements.
Mid-separation
  • Increasing feelings of stress and being overwhelmed.
  • Realities of two households, single parenting, and financial limitations set in.
  • May experience pseudo-reconciliation: reunite due to stress and fears, not because issues have been properly addressed, particularly when couple has been together for 10 years or more.
Late Separation
  • Learning to survive as a single person again, dealing with children’s reality that family is not going to reunite, dealing with social changes.
  • Growth oriented coping: some separated individuals may experience positive personal growth, such as furthering their education, becoming more autonomous, and experiencing greater levels of confidence and personal efficacy.

Reconciliation

  • 14%14\% of A.A. women are successfully reconciled.
  • 9%9\% of E.A. women are successfully reconciled.
  • Dependent on age at separation and presence of children.
  • Women who were 23 or older at separation are more likely to reconcile.
  • Children in the home increase efforts to reconcile.

Emotional Divorce

  • Prior to legal action, spouses are disillusioned, unhappy, rejected.
    • Beginning phase: disappointed but hopeful
    • Middle phase: hurt/angry when situation does not improve
    • End phase: emotional detachment and apathy
  • "The opposite of love is not hate, it is indifference"

Reasons for Divorce

  • Pre-existing doom: couple is so poorly matched that breakup is inevitable.
  • Mechanical failure/process loss: poor social skills, communication failure, inability to experience intimacy, and problems adjusting to changes in relationships.
  • Sudden Death: Betrayal of cardinal rules of relationships, such as infidelity, abuse, etc.

Infidelity

  • A breach of trust and a betrayal of a relationship.
    • Sexual
    • Romantic
    • Online infidelity
    • Combined
  • Annually approx. 4%4\% of married people have sex outside of their marriage.
  • Over a lifetime, about 17%17\% have had extramarital sex.
  • In committed relationships, married and unmarried, 16%16\% of the partners have cheated.
  • Currently:
    • Affairs: 2025%20-25\% of married women and 2540%25-40\% of married men reported having had an affair at least once during their marriage.
    • Women cheat almost as often as men.
    • Mate Poaching: 60%60\% of men and 53%53\% of women acknowledge trying to woo someone in a committed relationship.

Genetic Predisposition

  • Wallum et.al (2008) A specific type of genetic allele that codes for Vasopressin correlated with lower scores on the Partner Bonding Scale.
  • Also correlated with significant marital crisis and lowered marital satisfaction.
  • Males with 2 copies of this gene were 2xs as likely to have had marital crisis than those with 1 or 0 copies of this allele.

Motivations for Affairs

  • Opportunity, novelty, isolation, revenge.
  • Women are more likely to seek emotional as well as sexual connections outside of marriage.
  • Men are more likely to seek sexual connections outside of marriage, even when the marriage is emotionally healthy (Glass & Wright, 1985).

Outcomes of Affairs

  • Most affairs last approx. 1 year.
  • Fewer than 10%10\% result in marriage.
  • Marriages that begin as part of an adulterous affair have a 70%70\% divorce rate.

Attribution of Blame

  • Fundamental attribution error: people believe that spouses cheat due to dispositional rather than situational factors, leading to an increased lack of trust and divorce.

Legal Divorce

  • Formal legal action taken to dissolve marriage.
  • Formalized agreements are made regarding child custody, alimony, child support, residence, and property.
  • All states have no-fault divorce laws.
  • Neither party needs to establish guilt/wrongdoing.

Continued Conflicts Post-Divorce

  • Separation of finances may not occur for years, despite the legal divorce being completed.
  • Past debts, property taxes, and additional childcare expenses can all be areas of further conflict.
  • Legal aid may be required when alimony and child care payments are not made, when changes to the formal agreement are desired by either divorced spouse.
  • Separation of friends, social contacts, and extended family occurs.
  • Most divorced couples experience a significant shift in their social supports.
  • Children may lose contact with extended family members; special events and holidays become (even more) complicated and stressful.
  • Partners undergo emotional separation from one another; may take years or not occur at all.
  • Lingering anger, pain, resentment can continue to fester.
  • The ex-spouse will FOREVER be your child’s parent.
  • Decisions about co-parenting, limit setting, and child support will have to be made.
  • Children are frequently placed in the middle of contentious divorces and may be emotionally damaged by the continued conflict.

Talking to Children About Divorce

  • A flawed script – no false hopes. Don’t avoid the talk.
  • Studies show: when conflict is low in the two- parent family, children have more problems following a separation than they did when there parents were together.
  • Keep it simple!
  • How you talk with your children is at least as important as what you say.
  • In the long run - what you say will be less important than what you do.
  • For infants and toddlers: they do not have the cognitive ability to understand what a separation means; they need to experience the changes in order to begin to understand them.
  • For Preschoolers: they need concrete explanations about the reasons for separation and the consequences for their lives.
  • For Early School-Age Children: they have the cognitive capacity to absorb more detailed explanations than preschoolers.
  • Late School-Age Children: same as early except they want to know who is to blame.
  • Adolescents: clear explanations about the reasons for the separation and who is responsible for the decision to separate. Maintain boundary; let them have a voice.

Co-Parenting Styles

  • Perfect Pals: share decision making/child rearing duties, may remain friends
  • Cooperative Colleagues: Able to cooperate re: children
  • Angry Associates: bitter and resentful, may continue to fight re: custody and $ for years
  • Fiery Foes: Bitter conflict, unable to co-parent
  • Dissolved Duos: break entirely with family

Custody

  • Court-mandated ruling regarding which divorced parent will have the primary responsibility for the children’s upbringing.
    • Types
      • Sole custody
      • Split custody
      • Joint custody

Child Support

  • Paid to the spouse who gets custody of children.
  • Mostly women.
  • Most women who receive it have visitation arrangements with the father.

Economic Impact on Custodial Parents

  • 85%85\% of custodial parents are women.
  • 28.9%28.9\% of them live below the poverty line.
  • 50%50\% of all men neither see nor support their children after divorce.
  • Most often occurs when there is high conflict with the mother and father avoids interactions with children to minimize consequent interactions with mother.
  • 2/32/3 of noncustodial fathers spend more $ on a monthly basis on their car payments than they do on their children.

Impact on Children

  • Difficulties faced by children from divorced families
    • Lower academic achievement
    • Behavioral problems
    • Lower self-concept
    • Long-term health problems
  • Effects of divorce can be short or long term

Helping Children Cope

  • Reassuring the children
  • Encouraging open communication
  • Emphasizing that children are not responsible for the problems
  • Maintaining an ongoing relationship with the children

Children's Bill of Rights

  • Every child whose parents divorce has:
    • The right to love and be loved by both of your parents without feeling guilt or disapproval.
    • The right to be protected from your parents' anger with each other.
    • The right to be kept out of the middle of your parents' conflict, including the right not to pick sides, carry messages, or hear complaints about the other parent.
    • The right not to have to choose one of your parents over the other.
    • The right not to have to be responsible for the burden of either of your parents' emotional problems.
    • The right to know well in advance about important changes that will affect your life; for example, when one of your parents is going to move or get remarried.
    • The right to reasonable financial support during your childhood and through your college years.
    • The right to have feelings, to express your feelings, and to have both parents listen to how you feel.
    • The right to have a life that is a close as possible to what it would have been if your parents stayed together.
    • The right to be a kid.