Delaying Divorce: Pitfalls of Restrictive Divorce Requirements

• In Event: 054 - Section on the Sociology of the Family Roundtable Session (one-hour).
  In Refereed Roundtable: Table 09. Family Conflict and Dissolution

Abstract

The requirements for exiting a marriage represent an effort by the state legislature to protect the institution of marriage. A period of separation is a ground for divorce in some countries. In many Catholic-based societies, a period of up to three or four years of separation is required before a couple can divorce. During this waiting period, residential arrangements for the separated couple may vary. Some parents live apart in two separate residences, while other parents live apart in the one residence. Either type of residential arrangement is permitted under Irish divorce law. In this paper, I examine the experiences of fathers who remain living in the same residence as their ex-spouses and the experiences of a number of fathers who had to move out of the family home and live in a separate residence after the decision to separate. The findings show that living arrangements during an extended period of living apart often heighten levels of conflict and impact negatively on the co-parental relationship. It is argued that there are specific pitfalls with restrictive divorce requirements and that extending the period before parties can divorce creates adverse conditions for all parties. The author argues that speeding up the divorce process would assist the transition to post-separation parenting.

Author

• Elena Moore, University of Cape Town