Family and Society

DIVORCE

first divorce was granted in the colonies in 1639

eras of divorce

1) 1639-1860: era of restricted divorce

divorce was legal in most NE colonies – not as legal in the S bc of Catholicism – in fact, puritans from England moved here to the NE for divorce to be a civil (not religious) matter –

divorce was rare in the colonies—

divorce was restricted in terms of reasons and who could file for divorce:

1. a) reasons

man could divorce allegedly adulterous wife

2. b) who filed

husband – remember wife and kids were property –

property wife only should sleep with him so keep wealth in blood family

he got kids bc they were his property

2) 1860-1970: era of divorce tolerance

during this era rates were rising:

1880: 8% of marriages ended in divorce;

1900: 12%

1920: 20%

1960% 33%

factors explaining rising divorce rates:

attitudes toward women

family ideology was separate spheres – although women were viewed as weak and quiet, they were also responsible for keeping men on moral path (true womanhood = pious) – so courts began to view women as needing protection – she could file for divorce if husband did abuse, drunkenness, and failure to provide – women got kids bc seen as nurturing (feminists pushed this, ironically!)

attitudes toward marriage

shift from institutional marriage to companionate marriage (economic to love) –

when marriages based on economics, people need each other for survival, so divorce less likely –

as marriages became based on love, divorce more likely

3) 1970-present: era of unrestricted divorce

changing attitudes toward marriage –

shift to independent marriage, based on love but also personal growth and individual fulfillment – so don’t stay in unhappy marriage –

1970: no fault divorce = laws say neither party is to blame – irreconciliable differences – no fault was not cause of high divorce rates, was response (lawyers had been overloaded)

factors increasing likelihood of divorce

1) society-wide

3. a) culture of individualism

personal fulfillment

4. b) women’s employment

women can get divorce bc economically independent –

men can get divorce bc feel less guilty now that woman can support herself

2) individual

5. a) low income and unemployment

financial strain screws up marriage –

esp when men’s economic opportunities decreased since 1970s (ch 4 class: econ restructuring / wage stagnation)

6. b) age at marriage

teens and people over 40

7. c) race-ethnicity

African americans have higher rates of separation and divorce – function of low income and unemployment – also have strong kinship ties, dating back to slavery

8. d) family background

person who’s parents are divorced has higher likelihood of divorce – not that less committed, but rather don’t know how to make marriage work, did not have example growing up

9. e) spousal differences

people who marry person very different have higher likelihood of divorce –

marrying someone similar, religion for ex, shows more compatibility of interests and values

effects of divorce

men

advantages

financial gain / upward mobility

freedom to date, work job, have hobbies if don’t get custody of kids

disadvantages

difficulty in keeping household routine (cooking, cleaning, shopping)

if don’t have kids, miss them

fears about dating (women have changed; STDs, etc)

if get kids then poverty: single dads 18% had incomes below poverty line –

single dads increasingly common, almost tripled btw 1980 and 1998

women

advantages

seek more fulfilling relationship

fled abuse

disadvantages

financial strain / downward mobility = average mother’s standard of living goes down 30% in first year –

must work paid job to probably support kids – also, trouble getting child support

time pressure of raising kids and working paid job

less freedom in dating bc have kids, look older / not pretty

children

disadvantages

if raised by mom, poverty

loss of relationship with non-custodial parent

feelings of guilt (divorce is my fault)

new location, school, etc

behavioral problems, lower grades, etc.

advantages

recent research shows it is better for kids to grow up in a divorced home rather than an intact but emotionally turbulent home

most kids from divorced families do not suffer long-term problems –

studies find that kids with problems often had these problems before the divorce, so problems resulted from emotional turbulence, not divorce