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Divorce, Families
and Emotion Work
Elena
Moore
Lynn Jamieson
University of Edinburgh
UK
I should first like to thank all the parents who took part in this research,
for sharing their lives, stories and feelings with me. I am indebted to
them and I hope I have done justice to their experiences. I am also very
grateful to the family lawyers and family therapist who engaged with the
research and assisted me in other ways. A number of them generously
provided me with access throughout the research process and I am very
grateful.
Other people who have been important in developing my ideas include
Evelyn Mahon, Liz Trinder, Trish Walsh, Jessica Breen, Jemimah Bailey,
Kathryn McGarry, Roberta Coles, Gerard Moore, David Morgan, Carole
Rakodi, Robert Morrell, Amrita Pande and Jeremy Seekings. I am grate-
ful to all of my colleagues at the University of Cape Town for providing
the supportive and intellectually rich environment within which I could
write this book. I should also like to thank a number of reviewers of jour-
nals, and panellists at conferences and seminars, who assisted my think-
ing by posing some difficult and critical questions along the way. Some of
the arguments found in the book have been published elsewhere.
My thanks also go to Inga Norenius who effortlessly caught all the
slips along the way as editor-reader. I am grateful for the time you took to
assist me with this book. I should like to thank the Irish Research Council
for the Humanities and Social Sciences, which provided financial support
for two years of my doctoral thesis (2006–2008), and the University of
vii
viii Acknowledgements
Dublin, Trinity College, which provided a studentship for the final two
years (2009–2011). I am also very grateful for the financial support I
received from the University Research Committee at the University of
Cape Town and the A. W. Mellon Young Scholars Award, which assisted
with the costs of fieldwork and data collection in 2014.
Contents
1 Introduction 1
ix
x Contents
Appendix 257
Bibliography 263
Index 267
List of Tables
xi
1
Introduction
1
A description of the participants is available in Appendix tables A.1 and A.2.
4 Divorce, Families and Emotion Work
this, the analysis extracts more general ideas concerning emotion work
and commitment, taking its conclusions beyond the specifics of the local
context.
Conceptual Orientation
This book draws on several intellectual traditions within sociology, pri-
marily the sociology of gender, emotions and the sociology of personal
life. It is particularly concerned with the practices of divorcees, the
day-to-day conduct of this group of contemporary divorcees. Parents
don’t only make arrangements post separation because it’s a fair exchange
or it is financially and practically viable; they also negotiate their respon-
sibilities in varied ways by taking into account the position of others.
While Smart and Neale (1999) discussed forms of related reasoning (eth-
ics of care, justice or redistribution) when parents make moral choices
about competing commitments, interests and loyalties, their work did
not focus on emotions. Fevre and Bancroft (2010, p.70) explain that
Emotion is what ties you together when you are not weighing what’s in
your interests, or what’s fair, or when you’re being made to do things by
other people, either because it’s your duty or because you’re being forced
into it, or tricked into it … When people interact, emotional relationships
are created. This emotional stuff is the underpinning of mutual
understandings.
The Study
This book presents the stories and accounts of divorce for a sample of
39 divorced parents. The participants included 18 fathers and 21 moth-
ers. The sample was sought from several family law solicitors, those who
worked with private and legal aid clients. Unfortunately this strategy was
largely unproductive in recruiting separated parents from lower socioeco-
nomic households, so the sample comprises middle-class white parents.
The age of the respondents was broad-ranging: from mid-30s to mid-50s.
Of the 39 parents, 6 resided in rural communities (population ≤ 5000)
and 33 were suburban dwellers. Three-quarters of the respondents had
been married for 10–20 years (22 of 29 respondents), while just less than
a fifth of marriages had lasted less than ten years. The vast majority of
2
Hochschild (1979, p.566) defined framing rules as ‘the rules according to which we ascribe defini-
tions or meanings to situation[s]’. The concept of framing rules will be discussed in more detail in
Chapter 3.
8 Divorce, Families and Emotion Work
men and women had obtained at least a tertiary education, with many
parents having obtained postgraduate qualifications. Moreover, many of
the parents were professionals and the vast majority were employed. The
employment status of most mothers remained unchanged following the
separation. The sample of mothers included a sizeable number of women
who were dependent wives (fully or partially) during the marriage and
continued to be financially dependent following the separation.
I took a largely open-ended, exploratory approach for a major part of
the interviews, seeking to cover aspects of the marital relationship, the
divorce process and the parenting relationship post separation. Based on
the interviews, I decided to present four types of parent/couple which
would help to describe and explain the different family practices that
were developed post separation. The 39 parents were divided into four
groups: egalitarians, dependants, deserted wives and excluded fathers,
and conflicted couples. The typological classification was established to
distinguish different experiences of parenting post separation. Several
dimensions were used in the designation of categories, such as the follow-
ing: (1) age of children; (2) time since separation; (3) type of household
income during the marriage; (4) nature of the break-up (i.e. long period
of mutual complaints vs. sudden announcement); (5) type of settlement
reached (e.g. mediated agreement, court based); (6) amount of parent–
child contact, (7) type of co-parenting (shared, parallel, disengaged); and
(8) level of ongoing conflict. When I met the participants in 2014, the
egalitarians had not slipped into a different category and they had not
become dependants, nor had excluded fathers or deserted wives become
egalitarians. The conflicted couples remained conflicted. The typologies
reflect the quality of both parent–child contact and parental communi-
cation. The quality of communication and the nature of parent–child
contact had changed very little during the two stages of the research. A
brief overview of these groups follows.
Egalitarians
There were six parents (five mothers and one father) who were character-
ised as egalitarians. Four of these participated in the follow-up study in
1 Introduction 9
2014. The egalitarians had separated during the period 2004–2007 and
in all cases the parents were able to agree on a settlement without recourse
to the courts. They adopted a shared parenting arrangement whereby the
children spent 50 % of their time with each parent. Relations between
the former spouses were generally good: the egalitarians sometimes ate
together, and they celebrated birthdays and special occasions such as
Christmas together. Some of the parents even went on holiday together.
In most cases the parents lived near each other; in two cases the parents
lived next door to each other. The parents were able to communicate
with each other and consulted each other on most decisions. Only one
egalitarian had repartnered at the time of the initial interview in 2008.
Most of the parents had repartnered by 2014 and three had remarried.
At the time of the initial interviews in 2008, the majority of the egali-
tarians were in their early 40s. The egalitarians had young families when I
met them first in 2008, with each parent having a child or children under
the age of eight at the time of separation. The egalitarians were largely
part of dual- or one-and-a-half-income households during the marriage.
The parents had all completed tertiary education. The mothers in this
group had a strong commitment to the workforce. Three mothers were
employed full time during and after the separation, while the other two
were employed part time. By 2014 the egalitarians still remained friendly
with their former spouses but they spent less shared time together. We
will learn more about the egalitarians in Chap. 4.
Dependants
The 11 parents (three mothers and eight fathers) in this group continued
to be dependent on their former spouse in both 2008 and 2014, almost
ten years after the separation. Follow-up interviews were conducted with
seven of these parents in 2014. The early period following the breakdown
and subsequent separation was marked by conflict and deep feelings in
response to the end of the marriage. The dependants required the use
of solicitors/the courts to settle disputes and arrange a parenting agree-
ment. Contact with children in this group was not 50:50 like the egali-
tarians but included at least one weekday overnight stay and a weekend
10 Divorce, Families and Emotion Work
overnight stay, usually every second weekend. The parents were not able
to work out arrangements for occasions such as birthdays, holidays or
Christmas without arguing, so they spent very little time together. After a
period of unsettled access and money disputes, which dominated the first
two to three years of the separation, parents stuck rigidly to their finally
agreed arrangement with no flexibility.
At the time of the first interview, the majority of the parents were in
their late 30s or early 40s. They had young families and at the time of the
separation there was at least one child in each family aged ten or younger.
The marriages were of moderate length (around ten years) and the
parents had been separated for a considerable time (in most cases more
than five years)—that is, they had been separated for a longer period than
the egalitarians. The dominant economic type during the marriage was
a one-and-a-half-income household, in which the father was the main
breadwinner and the mother worked part time. Most mothers in this
group were financially dependent on their ex-spouses for financial assis-
tance both before and after the separation. The experiences of the depen-
dants will be discussed in Chap. 5.
There were 11 parents (seven mothers and four fathers) in this group.
Only four participants were involved in the follow-up study in 2014.3
There was very little contact between fathers and children in this group,
and deserted wives were the resident parent while their former spouses
might spend only a few hours a week (day-only contact) with the chil-
dren, if that. Deserted wives compared themselves to ‘single parents’ post
separation. Three excluded fathers participated in the study. They had
3
There are a couple of reasons for this. In most instances the parents were already divorced by 2008;
their children were in their late teens and early 20s and many were independent. In most instances
there had been no contact between the former spouses for some time prior to 2008 and contact was
arranged between parent and child. In these instances very little had changed since I had last spo-
ken to the parents. There were four cases that I sought to revisit. In each there was some form of
contact between the parents and there were (adult) dependent children. In one case the separation
and detachment from the children had been too painful and the father was unwilling to meet with
me.
1 Introduction 11
virtually no contact with their children. At the time of the separation the
children were all over 12 years old and, despite the wishes of the father,
the court did not get involved in access disputes.
The former spouses rarely interacted, and when they did it ended in
conflict. The divorces were highly litigious. In 2014 I spoke to one father
who was still involved in litigation because he was seeking to appeal the
divorce order. Owing to the high level of conflict and hostility, the parents
used the courts to negotiate a financial and parenting arrangement. They
had been separated for several years. Deserted wives and excluded fathers
had been part of either single- or one-and-a-half-income households and
the majority of the mothers had been dependent spouses during the mar-
riage (although this changed post separation). A common feature among
the deserted wives was the experience of being abandoned in the mar-
riage and having to carry an unequal share of the financial and parent-
ing burden. In comparison with the egalitarians and the dependants, the
deserted wives and excluded fathers were older (average age in the mid-
50s) and reflected a more ‘traditional’ generation. When I spoke to the
deserted wives and excluded father in 2014, they continued to express
the same complaints. The experiences of the deserted wives and excluded
fathers is presented in Chap. 6.
Conflicted Couples
hearing for the parenting arrangement (and in some cases the financial
arrangement). The defining feature of the group was that they were still
involved in separation and/or divorce proceedings at the time of the first
interview and they were unable to agree a satisfactory parenting arrange-
ment for the children.
The conflicted couples ranged in age from mid-30s to mid-50s. They
had at least one young child, who was under ten at the time of the sepa-
ration. They separated during the period 2005–2008. While three of the
marriages had lasted for more than 15 years, two lasted less than ten.
The former couples were largely part of dual- or one-and-a-half-income
households during the marriage. All but one of the parents had obtained
tertiary education. The women in this group were similar in some respects
to the egalitarian women because they had their own income and did not
require financial support. In 2014 I spoke with two couples about how
they were getting on six years later. They continued to feel anger towards
their former spouse and communication was still difficult. Chapter 7
presents the experiences of conflicted couples.
References
Barbalet, J. M. (2001). Emotion, social theory and social structure: A macrosocio-
logical approach. Cambridge: Cambridge University Press.
Burkitt, I. (2014). Emotions and social relations. London: Sage.
Fevre, R., & Bancroft, A. (2010). Dead white men and other important people:
Sociology’s big ideas. Houndsmills: Palgrave Macmillan.
Hochschild, A. (1979). Emotion work, feeling rules and social structure.
American Journal of Sociology, 85(3), 551–575.
Mason, J. (2004). Personal narratives, relational selves: Residential histories in
the living and telling. Sociological Review, 52(2), 162–179.
Moorhead, J (2013) Caring for John: An unusual marriage. Guardian Newspaper.
Accessed December 5, 2015, from http://www.theguardian.com/lifeand-
style/2013/sep/07/caring-for-john-unusual-marriage
Morgan, D. (1996). Family connections: An introduction to family studies.
Cambridge: Polity Press.
Sclater, S., & Piper, S. (1999). Undercurrents of divorce. Aldershot: Ashgate.
Seward, R. R., Stivers, R. A., Igoe, D. G., Amin, I., & Cosimo, D. (2005). Irish
families in the twentieth century: Exceptional or converging? Journal of
Family History, 30, 410–430.
Smart, C. (2007). Personal life. Cambridge: Polity Press.
Smart, C., & Neale, B. (1999). Family fragments? Cambridge: Polity Press.
2
Changing Families and Regulating
Change in Family Life
‘Marriage falls out of favour for young Europeans as austerity and apathy
bite’, reads the headline of an article in The Guardian in 2014 concerning
the changes in marriage rates across Europe.1 Citing a series of experts
across a range of EU states, the journalist argues that the behaviour of
people in relation to birth, marriage and family formation has changed
in response to economic, social and cultural changes. The interviewees
expressed several explicit reasons for retreating from marriage. For some
it was because of economic problems owing to the lack of stable jobs
and increased living costs, especially housing; for some it was the chang-
ing significance of marriage as a life goal, with commitment established
through parenthood rather than marriage; while for others it was an out-
right rejection of the state intervening in personal lives and prioritising
one form of partnership over others. The interviewees all agreed that the
decision not to marry was as much about changing values as about finan-
cial difficulties.
1
http://www.theguardian.com/lifeandstyle/2014/jul/25/marriage-young-europeans-austerity
(accessed 19 January 2016).
This chapter examines the relationship between family change and the
regulation of such change. Although it is impossible to fully understand
the relationship between family changes, laws and the state, it is impor-
tant to review how the state, through policies and the law, facilitates and
legitimates particular kinds of behaviour.
I start with an overview of family trends and patterns across the EU
and the USA, mapping out the ideological and attitudinal shifts in fam-
ily life, living arrangements and family forms with a view to finding out
whether certain practices, such as divorce and maternal employment,
are more widespread and acceptable today than they were 20 years ago.
I then provide a brief overview of EU legislation to examine how the
state, through the liberalisation of its laws, is responding to these ideo-
logical and attitudinal changes in the family. There is a great degree
of variety across the USA and the EU regarding the ease or difficulty
with which people can access divorce. In this regard, I focus on Ireland,
where divorce law has more recently been introduced. The Irish legal
response to marriage breakdown, and its regulation of change, theoreti-
cally ties parents to each other well beyond the breakdown, thus mak-
ing divorce less easy to access in Ireland than in many of its European
counterparts. There continues to be much debate (Olivas 2004; Coontz
2004) about whether making divorce easily accessible weakens families
and causes harm to children. While the state has taken over the role of
authority with regard to families, the influence of the Christian Church
continues to be felt in certain EU and American states, albeit it with
less power than in the past. In particular, the USA and Ireland are more
religious than most other comparable, affluent post-industrial societies
(Inglehart and Norris 2003), and it is in these contexts that conflict
between the law and religious doctrine persists when it comes to gov-
erning marriage.
reference point. Which epochs are we comparing? Scholars who argue that
there are extensive changes in marriage, divorce and childbearing compare
trends in contemporary society with the post-Second World War boom in
marriages during the 1950s (Popenoe 1993; Cherlin 2009). Scholars who
argue that marriage, divorce and extramarital childbirth in contemporary
society are as widely practised as they were before take 1900 or previous
epochs as their reference point (Coontz 2005; Therborn 2004). In essence,
what is interesting about the current context is not the extent of change in
any one behaviour but the co-existence of extensive changes in childbearing,
partnering and parenting. As Coontz (2004, p.974) argues, ‘the co-existence
in one society of so many alternative ways of doing all of these different
things and the comparative legitimacy accorded to many of them has never
been seen before’. In what follows, I discuss some of these trends and explain
some of the reasons behind the changes. I begin by examining marriage rates.
Table 2.1 outlines changes in the crude marriage rate (the annual
number of marriages per 1000 of the population) across a number of
EU states over the last five decades. An analysis of the data yields three
striking findings.
First, Malta, Poland, Greece, the UK, the Netherlands, Ireland and
France experienced a sometimes significant increase in marriage between
[4] Enough.