Déjudiciarisation et divorce consensuel: Perspectives socio-juridiques

Faculté de droit

Divorce, dispersal and incest avoidance in the cooperatively breeding superb fairy-wren Malurus cyaneus

1. Between 1988 and 2001, we studied social relationships in the superb fairy-wren Malurus cyaneus (Latham), a cooperative breeder with male helpers in which extra-group fertilizations are more common than within-pair fertilizations. 2. Unlike other fairy-wren species, females never bred on their natal territory. First-year females dispersed either directly from their natal territory to a breeding vacancy or to a foreign 'staging-post' territory where they spent their first winter as a subordinate. Females dispersing to a foreign territory settled in larger groups. Females on foreign territories inherited the territory if the dominant female died, and were sometimes able to split the territory into two by pairing with a helper male. However, most dispersed again to obtain a vacancy. 3. Females dispersing from a staging post usually gained a neighbouring vacancy, but females gaining a vacancy directly from their natal territory travelled further, perhaps to avoid pairing or mating with related males. 4. Females frequently divorced their partner, although the majority of relationships were terminated by the death of one of the pair. If death did not intervene, one-third of pairings were terminated by female-initiated divorce within 1000 days. 5. Three divorce syndromes were recognized. First, females that failed to obtain a preferred territory moved to territories with more helpers. Secondly, females that became paired to their sons when their partner died usually divorced away from them. Thirdly, females that have been in a long relationship divorce once a son has gained the senior helper position. 6. Dispersal to avoid pairing with sons is consistent with incest avoidance. However, there may be two additional benefits. Mothers do not mate with their sons, so dispersal by the mother liberates her sons to compete for within-group matings. Further, divorcing once their son has become a breeder or a senior helper allows the female to start sons in a queue for dominance on another territory. Females that do not take this option face constraints on their ability to recruit more sons into the local neighbourhood.

Women’s perception of separation/divorce in Portugal: A sociodemographic profile

This article focuses on the personal experiences of Portuguese women regarding separation and divorce. The sample included 96 women, with at least 1 child, who responded to an inventory that addressed conflict, dysfunctional conjugality, emotional experiences, social support, and adaptation to divorce. Higher levels of conflict and marital dysfunction in litigious divorces were found, as well as more conflict when different lawyers were employed. Those women who were satisfied with alimony and visiting rights reported less conflict, fewer negative emotional experiences, and greater social support. Level of education and duration of separation influenced women’s perceptions. Implications for intervention are addressed.

Typologies of post-divorce coparenting and parental well-being, parenting quality and children’s psychological adjustment

First published online: 30 October 2015

Post-divorce representations of marital negotiation during marriage predict parenting alliance in newly divorced parents

Literature demonstrates that marital and co-parenting subsystems are intercorrelated and have autonomous functions in the family system. This study explored representations of marital negotiation strategies for conflict resolution during marriage and parenting alliance relationship after divorce, using data from Portuguese newly divorced parents. In multiple regression analysis, representations of marital negotiation strategies for conflict resolution during marriage used by ex-spouses predict positive parenting alliance relationship after divorce. These results suggest that representations of pre-divorce marital relationship influence positively current interparental relationship regarding child rearing after marital dissolution. Implications for clinical interventions are also discussed.

Psychosocial adjustment and physical health in children of divorce

Objective: To review the literature on the effects of parental divorce over the psychological maladjustment and physical health problems in children of divorced parents, thus contributing to the integration of existing scientific knowledge based on the biopsychosocial model of the impact of divorce on children’s physical health as proposed by Troxel and Matthews (2004). Sources: Review of the literature using MEDLINE and PsycInfo (1980-2007) databases, selecting the most representative articles on the subject. Special attention was paid to contributions by internationally renowned investigators on the subject. Summary of the findings: Divorce may be responsible for a decline of physical and psychological health in children. The developmental maladjustment of children is not triggered by divorce itself, but rather by other risk factors associated with it, such as interparental conflict, parental psychopathology, decline in socio-economic level, inconsistency in parenting styles, a parallel and conflicting co-parenting relationship between parents and low levels of social support. Such risk factors trigger maladjusted developmental pathways, marked by psychopathological symptoms, poor academic performance, worst levels of physical health, risk behavior, exacerbated psychophysiological responses to stress and weakening of the immune system. Conclusions: Clear links were observed between experiencing parental divorce and facing problems of physical and psychological maladjustment in children. Divorce is a stressor that should be considered by health professionals as potentially responsible for maladjusted neuropsychobiological responses and for decline in children’s physical health.

Divorce in the barn owl: securing a compatible or better mate entails the cost of re-pairing with a less ornamented female mate.

Two nonmutually exclusive hypotheses can explain why divorce is an adaptive strategy to improve reproductive success. Under the 'better option hypothesis', only one of the two partners initiates divorce to secure a higher-quality partner and increases reproductive success after divorce. Under the 'incompatibility hypothesis', partners are incompatible and hence they may both increase reproductive success after divorce. In a long-term study of the barn owl (Tyto alba), we address the question of whether one or the two partners derive fitness benefits by divorcing. Our results support the hypothesis that divorce is adaptive: after a poor reproductive season, at least one of the two divorcees increase breeding success up to the level of faithful pairs. By breeding more often together, faithful pairs improve coordination and thereby gain in their efficiency to produce successful fledglings. Males would divorce to obtain a compatible mate rather than a mate of higher quality: a heritable melanin-based signal of female quality did not predict divorce (indicating that female absolute quality may not be the cause of divorce), but the new mate of divorced males was less melanic than their previous mate. This suggests that, at least for males, a cost of divorce may be to secure a lower-quality but compatible mate. The better option hypothesis could not be formally rejected, as only one of the two divorcing partners commonly succeeded in obtaining a higher reproductive success after divorce. In conclusion, incompatible partners divorce to restore reproductive success, and by breeding more often together, faithful partners improve coordination.

Divorce: Things to Consider

A brief informational publication on what to consider if you are going to get a divorce.

Divorce: Things to Consider, 2002

Document for Commission on the Status of Women.

Mariage, divorce, union libre / par Paul et Victor Margueritte

Collection : L'éducation féministe ; IV