chapter 10 Flashcards
divorce rates
Divorces have increased in Canada since the introduction of divorce laws in 1968.
problem with divorce rates
How Calculated Number of divorces per year Ratio of current marriages to current divorces Crude divorce rate Refined divorce rate Predicted divorce rate
why increase in divorce rates
- Decreased Economic Interdependence
- Decreased Social/Moral Constraints
- Decreased Legal Constraints
- —divorce rates are partly a function of divorce laws at a given time - Changed Expectations for Marriage
why divorce laws exist
- The family is a basic social institution and the regulation of its’ formation, dissolution and even its day to day functioning are within the legislative realm of the state.
- Marriage and divorce are legal categories.
- Marriage is a contract.
3 Periods of Divorce Law in Canada:
English Matrimonial Act – 1857
Divorce Act – 1968
Divorce Act - 1985
English Matrimonial Act - 1857
Grounds for Divorce:
Man could file if wife adulterous
Woman could file only for desertion or physical cruelty
Divorce Act 1968 – Grounds:
A. Marital Offenses: Adultery Physical Cruelty Mental Cruelty Sodomy Bestiality Homosexual Acts Bigamy
B. Marriage Breakdown: Addiction to drugs Separation of not less than 3 years Desertion of not less than 5 years Lengthy imprisonment
Divorce Act 1985 – Grounds:
( 1 only) Marital Breakdown: 1 year separation Either husband or wife commits adultery Physical or mental cruelty
Removed “Offenses”:
Conduct of spouses no longer considered when considering division of property, support, custody and access to children.
Concepts of blame and “fault” not used to punish “guilty” party.
property
Pre 1979 – Law of Separate Property
Ownership of property assigned to the person who paid for it
Not equitable for women and children
1979 – Law of Community Property Regime 3 kinds of property: His Hers Theirs
divorce process
john gottman
John Gottman: Divorce Cascade – series of increasing conflict, consideration of divorce, separation and finally divorce “Four Horseman of Apocalypse” Criticism Contempt Defensiveness Stonewalling
divorce process (bohannan’s (1970) stages)
- Emotional Divorce
- Legal Divorce
- Community Divorce
- Economic Divorce
- Psychic Divorce
- Co-Parental Divorce
transitional state
Divorce produces what is called a transitional state
A state of temporary imbalance resulting from changes in relationships, routines, assumptions, and roles
This lack of balance in the family system (disequilibrium) usually lasts 1-3 years
types of custody
custody: responsibility and rights to your children
legal custody: authority to make long term decisions in raising child
physical custody: responsible for physical care f child on day to day basis
sole custody: one parent has legal and physical custody
joint custody: two parents have shared legal custody
shared custody: parents have joint legal and share physical custody also
Children’s Adjustment to Divorce
Divorce transforms children’s lives forever
Affects where they live, how they interact with parents, if/how they continue relationships with friends
Few children want their parents to divorce, no matter how much tension there has been in the marriage
Children from divorced families are at risk for developing problems……
Most, however, do not.
“Despite increased risk reported for children from divorced families, the current consensus in the social science literature is that the majority of children whose parents divorced are not distinguishable from their peers whose parents remained married in the longer term” (Kelly & Emery, 2003, p. 357)
childrens adjustment to divorce influenced by
- Age
- Gender
- Conflict
- Changes in lifestyle
- Contact with parents & extended family
