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Book part
Publication date: 19 April 2024

Rania Maktabi

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…

Abstract

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

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A Comparative Historical and Typological Approach to the Middle Eastern State System
Type: Book
ISBN: 978-1-83753-122-6

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Book part
Publication date: 29 September 2016

Yean-Ju Lee

Previous studies as well as anecdotes have indicated that parental involvement in adult children’s marital conflicts is fairly common in Korea. This study attempts to explain how…

Abstract

Purpose

Previous studies as well as anecdotes have indicated that parental involvement in adult children’s marital conflicts is fairly common in Korea. This study attempts to explain how in-law conflicts – arguably a structural outcome of the traditional Confucian family – lead to marital disruption in contemporary families.

Methodology/approach

This study adopts the hypotheses of the corporate group, mother identity, and gendered-role expectations, which are instrumental to understanding the social context in which the legacy of the Confucian culture interacts with the knowledge-based neoliberal economy to revive in-law conflicts. Divorced-couple data are from in-depth interviews and court rulings, and their analysis illustrates the trajectories of marital breakdown.

Findings

The findings provide support for the hypotheses. Parents, especially mothers, who heavily invested time and money in their children’s education and career building meddle in their marriages in hopes to ensure the best returns to their investment. Normative prescriptions of gendered roles provide references for the parents regarding the roles of their children and children-in-law, and the gaps between their expectations and perceived reality trigger parental meddling and in-law conflicts. Adult children who are indebted to the parents for their status formation may acquiesce to the parental intervention.

Social implications

In the traditional patriarchal family, in-law conflicts were restricted to mother- and daughter-in-law relationships, but are now extended to mother- and son-in-law relationships, reflecting a paradoxical twist in gender-role expectations. This chapter suggests that heavy parental investment in their children can have an unexpected consequence increasing the probability of adult children’s marital disruption.

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Divorce, Separation, and Remarriage: The Transformation of Family
Type: Book
ISBN: 978-1-78635-229-3

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Book part
Publication date: 21 September 2020

Araceli Ortega-Díaz

This chapter analyses the relationship between individuals’ poverty situation and conjugal status (divorced, separated, in a free union, or legally married) from 1996 to 2014. It…

Abstract

This chapter analyses the relationship between individuals’ poverty situation and conjugal status (divorced, separated, in a free union, or legally married) from 1996 to 2014. It describes different marriage property regimes that exist in state laws in Mexico. Couples living in free union are found to be poorer than those legally married, indicating that marriage may help to protect families more than cohabitation laws. When comparing divorced men and women, women show higher signs of being poorer than men; this could be because the law establishes that the assets in case of divorce accrue to whoever works and pays for them, and given that many women work in the unpaid sectors, men are the owners of the assets. Having no consideration of these facts in the law may create poverty with gender bias in the case of divorce. Additionally, there is lack of data in administrative records of marriage and divorce about couples’ assets, children, and employment status before and after the marriage, so we discuss the importance that in a near future this could be register to facilitate law and policy-makers identifying what contributes to create poverty with gender bias as a results of family laws, and correct them.

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Advances in Women’s Empowerment: Critical Insight from Asia, Africa and Latin America
Type: Book
ISBN: 978-1-83982-472-2

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Article
Publication date: 1 October 2006

Claudia W. Strow and Brian K. Strow

This paper aims to review major historical trends in US divorce rates and the origin of divorce law in the USA, as well as several of the leading explanations for the increased…

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Abstract

Purpose

This paper aims to review major historical trends in US divorce rates and the origin of divorce law in the USA, as well as several of the leading explanations for the increased rates of divorce in the 20th century and the impact of these trends on remarriage rates.

Design/methodology/approach

Using a historical review, the paper discusses the origins of regional differences, the factors contributing to trends in divorce and remarriage, and the transition in persons pursuing divorce and remarriage throughout the history of the USA.

Findings

The paper notes how the advent of industrialization transformed the family and contributed to rising divorce rates and examines common explanations for the dramatic increase in divorce throughout the 20th century. In particular, this review highlights how the feminist movement along with numerous legislative and demographic changes brought about the increased labor force participation of women and female economic independence, which allowed both men and women greater freedom to divorce. As divorce has become a more common event, the number of people eligible for remarriage has increased and the majority of those entering second marriages have shifted from widows and widowers to divorcees.

Originality/value

Once scholars better understand the historical background for trends in divorce and remarriage, they can more readily recognize and address the implications for marriage in the present day.

Details

Humanomics, vol. 22 no. 4
Type: Research Article
ISSN: 0828-8666

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Abstract

Details

Mate Selection in China: Causes and Consequences in the Search for a Spouse
Type: Book
ISBN: 978-1-78769-331-9

Book part
Publication date: 26 November 2012

Audrey Light and Yoshiaki Omori

In this study, we ask whether economic factors that can be directly manipulated by public policy have important effects on the probability that women experience long-lasting…

Abstract

In this study, we ask whether economic factors that can be directly manipulated by public policy have important effects on the probability that women experience long-lasting unions. Using data from the 1979 National Longitudinal Survey of Youth, we estimate a five-stage sequential choice model for women's transitions between single with no prior unions, cohabiting, first-married, re-single (divorced or separated), and remarried. We control for expected income tax burdens, Aid to Families with Dependent Children (AFDC) or Temporary Assistance for Needy Families (TANF) benefits, Medicaid expenditures, and parameters of state divorce laws, along with an array of demographic, family background, and market factors. We simulate women's sequences of transitions from age 18 to 48 and use the simulated outcomes to predict the probability that a woman with given characteristics (a) forms a first union by age 24 and maintains the union for at least 12 years, and (b) forms a second union by age 36 and maintains it for at least 12 years. While non-policy factors such as race and schooling prove to have important effects on the predicted probabilities of long-term unions, the policy factors have small and/or imprecisely estimated effects; in short, we fail to identify policy mechanisms that could potentially be used to incentivize long-term unions.

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Research in Labor Economics
Type: Book
ISBN: 978-1-78190-358-2

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Book part
Publication date: 30 August 2008

Susan Weiss

This chapter describes how women who work as pleaders in the Israeli rabbinic courts try to decipher the dissonance between their canonical texts and their modern sensibilities…

Abstract

This chapter describes how women who work as pleaders in the Israeli rabbinic courts try to decipher the dissonance between their canonical texts and their modern sensibilities, dividing the interpretive strategies that the pleaders employ to that end into three different categories. The chapter then explores the implications of these findings with respect to theories of agency, feminist consciousness, how law is read, and identity politics (multiculturalism), as well as with respect to issues of value, power, and divorce reform.

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Advancing Gender Research from the Nineteenth to the Twenty-First Centuries
Type: Book
ISBN: 978-1-84855-027-8

Article
Publication date: 18 September 2020

Javeria Waseem, Rutaba Muneer, Syeda Hoor-Ul-Ain, Rutaba Tariq and Anam Minhas

This study aims to review the psychosocial determinants of divorce and their effects on women for a social reform in Pakistan. Enigmatic societal standards vandalize social status…

Abstract

Purpose

This study aims to review the psychosocial determinants of divorce and their effects on women for a social reform in Pakistan. Enigmatic societal standards vandalize social status of divorced women and stress them to experience psychological trauma that triggers psychosocial disorders.

Design/methodology/approach

The study is categorized into three major determinants: the human emotional, the formal legal and societal aspect(s) in association with the deferential social status of divorced women. Rapid evidence assessment methodology was used to search the all-inclusive literature, collate the available descriptive evidences, critically analyze and evaluate it, sieve out studies of penurious quality and provide an aperçu of the evidence.

Findings

The research evinces domestic violence and abuse as an endemic cause of divorce in Pakistan; emotional and psychological consequences of domestic abuse damage women’s self-worth and well-being. Literature reported that all these determinants impacted the mental health stability of the divorced women. Divorce rates are climbing at a faster pace in the country and Punjab has been identified as a province of rocketing divorce rate. Lamentably, in various villages of other provinces, women risk face mutilation if they show courage to seek divorce.

Practical implications

More research needs to be carried out on the issue nationwide. Fundamentally, cultural norms around women’s roles in society need to be addressed and challenged where this research may become an impetus for further research.

Originality/value

The paper contributes towards the redressal of the domestic abuse, social exclusion, marginalization and vilification of divorced women in Pakistan. The rising rates indicate an urgent need for social reforms to curtail offending behaviors toward them, to safeguard their mental health and well-being and to empower them with their legal rights to enjoy deferential social status in life.

Details

International Journal of Human Rights in Healthcare, vol. 13 no. 4
Type: Research Article
ISSN: 2056-4902

Keywords

Executive summary
Publication date: 20 March 2018

PHILIPPINES: Divorce law may be frustrated

Details

DOI: 10.1108/OXAN-ES230554

ISSN: 2633-304X

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Geographic
Topical
Book part
Publication date: 25 January 2021

Timothy Madigan

Attitudes and beliefs towards marriage and family held by Chinese and American college students were compared in this study. The primary dimensions included whether to marry, age

Abstract

Attitudes and beliefs towards marriage and family held by Chinese and American college students were compared in this study. The primary dimensions included whether to marry, age to marry, number of desired children, age to have children, perceptions of divorce, willingness to cohabit, openness to blended marriages, and gender roles within marriage. If a global convergence of cultures is occurring, then similarities should be found throughout the views of all respondents towards the institution of marriage. Dissimilarities in views could be interpreted as evidence of the entrenchment and uniqueness of culture, an outcome advanced by those who question cultural homogenisation. Hundreds of college students in several large universities in China and one regional university in the United States were surveyed at convenience. The Chinese students were found to prefer marrying and to plan having children a year later in age compared to the Americans. They also desired having nearly one fewer total number of children on average compared to the Americans. Surprisingly, the Chinese were more agreeable with divorce. The Americans were more likely to support gender equality within marriage and to accept blended types of marriage. Both groups equally approved of the overall idea of couples cohabiting if they plan on marrying. However, the Americans were far more willing to say that they themselves would cohabit. Visions of the benefits of married life were similar across countries. Overall, far more significant differences were found than no differences. The results suggest that elements of marriage norms in the world’s largest economies are somewhat constrained by social forces in their ability to completely converge.

Details

Chinese Families: Tradition, Modernisation, and Change
Type: Book
ISBN: 978-1-80071-157-0

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