Pub Date : 2018-11-01DOI: 10.1093/MED-PSYCH/9780190635176.003.0023
Jodi A. Argentino, Ce Fiore
This chapter explores the challenges facing multipartner and multiparent families in family law during dissolution. It first explores society’s idealization of the traditional husband-wife-child family, which persists despite the fact that a diversity of family forms have long existed in the United States and are becoming increasingly common today. It explains how this idealized construct underlies family law in the United States and disadvantages multipartner and multiparent families in a variety of ways. Courts and legislatures have been slow to recognize and provide for legal rights among multipartner and multiparent families, and even where courts have recognized more than two parents, the results have been unsatisfactory. Statutes in California and Maine, by contrast, are more progressive toward multipartner and multiparent families. Preparation and education are vitally important to multipartner and multiparent families. The chapter discusses how the trust, honesty, and communication that define many polyamorous families can impact dissolution.
{"title":"Dissolution of Polyamorous Relationships, Multiple Parent Families, and Other Complex Arrangements","authors":"Jodi A. Argentino, Ce Fiore","doi":"10.1093/MED-PSYCH/9780190635176.003.0023","DOIUrl":"https://doi.org/10.1093/MED-PSYCH/9780190635176.003.0023","url":null,"abstract":"This chapter explores the challenges facing multipartner and multiparent families in family law during dissolution. It first explores society’s idealization of the traditional husband-wife-child family, which persists despite the fact that a diversity of family forms have long existed in the United States and are becoming increasingly common today. It explains how this idealized construct underlies family law in the United States and disadvantages multipartner and multiparent families in a variety of ways. Courts and legislatures have been slow to recognize and provide for legal rights among multipartner and multiparent families, and even where courts have recognized more than two parents, the results have been unsatisfactory. Statutes in California and Maine, by contrast, are more progressive toward multipartner and multiparent families. Preparation and education are vitally important to multipartner and multiparent families. The chapter discusses how the trust, honesty, and communication that define many polyamorous families can impact dissolution.","PeriodicalId":114134,"journal":{"name":"LGBTQ Divorce and Relationship Dissolution","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116820346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-01DOI: 10.1093/MED-PSYCH/9780190635176.003.0016
Carla A. Pfeffer, N. N. Castañeda
This chapter offers a broad survey of existing research on trans individuals and partnerships conducted across the disciplines and professions of counseling, family studies, medicine, psychology, social work, sociology, and women’s and gender studies, with the goal of assessing and distilling factors associated with the stability and instability of relationships in which at least one of the members is trans. This chapter also provides an assessment of key sources of support and strain for trans partnerships as identified by researchers or that deserve further research exploration. Finally, the authors identify a number of researcher assumptions and biases that may cloud the interpretation of some research findings and outcomes in trans people’s partnerships, suggesting avenues for further focus in clinical practice and research.
{"title":"Trans Partnership and Marriage","authors":"Carla A. Pfeffer, N. N. Castañeda","doi":"10.1093/MED-PSYCH/9780190635176.003.0016","DOIUrl":"https://doi.org/10.1093/MED-PSYCH/9780190635176.003.0016","url":null,"abstract":"This chapter offers a broad survey of existing research on trans individuals and partnerships conducted across the disciplines and professions of counseling, family studies, medicine, psychology, social work, sociology, and women’s and gender studies, with the goal of assessing and distilling factors associated with the stability and instability of relationships in which at least one of the members is trans. This chapter also provides an assessment of key sources of support and strain for trans partnerships as identified by researchers or that deserve further research exploration. Finally, the authors identify a number of researcher assumptions and biases that may cloud the interpretation of some research findings and outcomes in trans people’s partnerships, suggesting avenues for further focus in clinical practice and research.","PeriodicalId":114134,"journal":{"name":"LGBTQ Divorce and Relationship Dissolution","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121671328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-01DOI: 10.1093/MED-PSYCH/9780190635176.003.0020
Suzanne A. Kim, E. Stein
This chapter identifies ways researchers, policymakers, therapists, lawyers, and couples should attend to the role of gender and gender dynamics facing same-sex couples upon divorce or relationship dissolution. When same-sex couples marry, gender roles associated with a particular vision of different-sex couples—in reference to which the legal institution of marriage developed historically—may be projected onto same-sex couples both socially and by judges adjudicating their relationship dissolutions, often in a manner conflicting with couples’ intentions and practices. Thus, couples consisting of two men and couples consisting of two women may be differentially affected. Gender and gender dynamics are likely to affect the bases for dissolution (e.g., whether one of the spouses committed adultery or whether there is a basis for annulment); the financial aspects of dissolution; and determination of child custody. The chapter suggests directions for future research regarding the impact of gender on the dissolution of same-sex relationships.
{"title":"The Role of Gender and Gender Dynamics in Same-Sex Divorce and Dissolution","authors":"Suzanne A. Kim, E. Stein","doi":"10.1093/MED-PSYCH/9780190635176.003.0020","DOIUrl":"https://doi.org/10.1093/MED-PSYCH/9780190635176.003.0020","url":null,"abstract":"This chapter identifies ways researchers, policymakers, therapists, lawyers, and couples should attend to the role of gender and gender dynamics facing same-sex couples upon divorce or relationship dissolution. When same-sex couples marry, gender roles associated with a particular vision of different-sex couples—in reference to which the legal institution of marriage developed historically—may be projected onto same-sex couples both socially and by judges adjudicating their relationship dissolutions, often in a manner conflicting with couples’ intentions and practices. Thus, couples consisting of two men and couples consisting of two women may be differentially affected. Gender and gender dynamics are likely to affect the bases for dissolution (e.g., whether one of the spouses committed adultery or whether there is a basis for annulment); the financial aspects of dissolution; and determination of child custody. The chapter suggests directions for future research regarding the impact of gender on the dissolution of same-sex relationships.","PeriodicalId":114134,"journal":{"name":"LGBTQ Divorce and Relationship Dissolution","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127080635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-01DOI: 10.1093/MED-PSYCH/9780190635176.003.0018
Denise Brogan-Kator
In this essay, the author reflects on her life and the impact that transitioning from male to female had on her marriage, her children, and her life. The piece examines the coming out process; the discovery by her wife (i.e., after an episode of cross-dressing); telling their children; the couple’s attempts to keep their marriage intact despite intrapersonal, interpersonal, and financial strain; and, ultimately, the process of first separation and then divorce. In addition to exploring the experience of transitioning, and the role of this transition in the author’s separation and divorce, the chapter also addresses how employment and financial stresses—incurred in large part because of trans-related discrimination—exacerbated existing intrapersonal, interpersonal, and familial stresses.
{"title":"Transition Through a Shattered Crystal Snowglobe","authors":"Denise Brogan-Kator","doi":"10.1093/MED-PSYCH/9780190635176.003.0018","DOIUrl":"https://doi.org/10.1093/MED-PSYCH/9780190635176.003.0018","url":null,"abstract":"In this essay, the author reflects on her life and the impact that transitioning from male to female had on her marriage, her children, and her life. The piece examines the coming out process; the discovery by her wife (i.e., after an episode of cross-dressing); telling their children; the couple’s attempts to keep their marriage intact despite intrapersonal, interpersonal, and financial strain; and, ultimately, the process of first separation and then divorce. In addition to exploring the experience of transitioning, and the role of this transition in the author’s separation and divorce, the chapter also addresses how employment and financial stresses—incurred in large part because of trans-related discrimination—exacerbated existing intrapersonal, interpersonal, and familial stresses.","PeriodicalId":114134,"journal":{"name":"LGBTQ Divorce and Relationship Dissolution","volume":"2677 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124402541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-01DOI: 10.1093/MED-PSYCH/9780190635176.003.0009
R. Farr, A. Goldberg
As of June 2015, same-sex marriage is a right nationwide in the United States, which means legal same-sex divorce is also a reality across the nation. As many same-sex couples have children, it is likely that at least some children will experience the dissolution of their parents’ relationship. Little research has examined outcomes for children who experience their same-sex parents’ relationship dissolution. In considering these children’s outcomes, this chapter draws parallels to the literature on heterosexual parent divorce and child outcomes. It reviews data on same-sex relationship dissolution and divorce, particularly among same-sex couples who are parents. It also highlights issues unique to same-sex parents and their children who experience divorce. It discusses qualitative and quantitative research, including reflections on relevant longitudinal studies conducted by each author. It acknowledges challenges of conducting research on same-sex relationship dissolution and divorce. Finally, it discusses implications for policy, practice, and research.
{"title":"Same-Sex Relationship Dissolution and Divorce","authors":"R. Farr, A. Goldberg","doi":"10.1093/MED-PSYCH/9780190635176.003.0009","DOIUrl":"https://doi.org/10.1093/MED-PSYCH/9780190635176.003.0009","url":null,"abstract":"As of June 2015, same-sex marriage is a right nationwide in the United States, which means legal same-sex divorce is also a reality across the nation. As many same-sex couples have children, it is likely that at least some children will experience the dissolution of their parents’ relationship. Little research has examined outcomes for children who experience their same-sex parents’ relationship dissolution. In considering these children’s outcomes, this chapter draws parallels to the literature on heterosexual parent divorce and child outcomes. It reviews data on same-sex relationship dissolution and divorce, particularly among same-sex couples who are parents. It also highlights issues unique to same-sex parents and their children who experience divorce. It discusses qualitative and quantitative research, including reflections on relevant longitudinal studies conducted by each author. It acknowledges challenges of conducting research on same-sex relationship dissolution and divorce. Finally, it discusses implications for policy, practice, and research.","PeriodicalId":114134,"journal":{"name":"LGBTQ Divorce and Relationship Dissolution","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126328638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-01DOI: 10.1093/MED-PSYCH/9780190635176.003.0002
N. Knauer
This chapter examines the implications of the landmark US Supreme Court decision Obergefell v. Hodges for same-sex marriage, divorce, and parental rights. Heralded as one of the most significant civil rights victories in recent memory, Obergefell had an immediate impact on the lives of same-sex couples by providing uniform and nationwide access to both marriage and divorce. It ended a confusing patchwork of state laws, some of which recognized same-sex marriage and some of which prohibited not only same-sex marriage but also domestic partnerships and civil unions. Obergefell also ensured that all same-sex married couples would be eligible for federal benefits regardless of where they lived. The longer-term effects and applications of Obergefell remain unclear, especially with respect to parental rights. In addition, Obergefell has ignited a backlash of religious exemptions law and concern remains that marriage equality may further marginalize nontraditional families and those who choose not to marry.
{"title":"Implications of Obergefell for Same-Sex Marriage, Divorce, and Parental Rights","authors":"N. Knauer","doi":"10.1093/MED-PSYCH/9780190635176.003.0002","DOIUrl":"https://doi.org/10.1093/MED-PSYCH/9780190635176.003.0002","url":null,"abstract":"This chapter examines the implications of the landmark US Supreme Court decision Obergefell v. Hodges for same-sex marriage, divorce, and parental rights. Heralded as one of the most significant civil rights victories in recent memory, Obergefell had an immediate impact on the lives of same-sex couples by providing uniform and nationwide access to both marriage and divorce. It ended a confusing patchwork of state laws, some of which recognized same-sex marriage and some of which prohibited not only same-sex marriage but also domestic partnerships and civil unions. Obergefell also ensured that all same-sex married couples would be eligible for federal benefits regardless of where they lived. The longer-term effects and applications of Obergefell remain unclear, especially with respect to parental rights. In addition, Obergefell has ignited a backlash of religious exemptions law and concern remains that marriage equality may further marginalize nontraditional families and those who choose not to marry.","PeriodicalId":114134,"journal":{"name":"LGBTQ Divorce and Relationship Dissolution","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130503384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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