The conflict theory as it relates to divorce states that two parties face the perpetual problem of trying to come to terms with the other party's conflicting interests, according to Prof. David D. Witt of the University of Akron. Conflict theory was first espoused by Karl Marx in 1844. Conflict is intensified by deprivation, distribution of power and emotional involvement.Continue Reading
Conflict theory in divorce proceedings also describes competition and its negative effects in a marriage. When someone is deprived of some aspect of their marital relationship, competition for affection, time, attention and power increase. This competition creates a negative state of interdependence between the parties.
When the distribution of power and wealth changes in a divorce, one party or the other usually tries to get as many resources and as much esteem as possible out of the situation. Grabbing more power or more wealth from the other person means victory in conflict theory.
A third aspect of intensified conflict is when the parties have high emotional involvement. If emotional involvement is low, conflict usually does not escalate. When emotional involvement is high, a mediator often is needed to ease the conflict.
The overriding theme of conflict theory from the original sociological perspective is that groups clash over competing self-interests. Resources, wealth and power are just three interests involved in these social conflicts, according to Delmar College.Learn more about Law
During a divorce, the terms and rights of two spouses are determined through a marital settlement agreement, according to LegalZoom. Settlement agreements typically cover any relevant issues pertaining to the divorce, such as division of property, spousal or child support, and child custody or visitation rights.Full Answer >
The forms typically needed for a divorce include a petition or complaint for divorce, an affidavit that states why the marriage has broken down, and a certificate of divorce, according to the Massachusetts Court System. The specific forms vary by state and the conditions of the marriage. In Massachusetts, people with children under age 18 must also file an Affidavit of Care and Custody and a worksheet that lays out child support guidelines.Full Answer >
As of 2012, the divorce rate in the United States is 3.4 divorces per 1,000 population, which is 851,000 divorces and annulments, based on reports from 44 states and Washington, D.C., according to the Centers for Disease Control and Prevention. The marriage rate is 6.8 marriages per 1,000 total population.Full Answer >
There are 17 true no-fault divorce states as of 2015, including California, Colorado, Florida, Hawaii, Indiana and Iowa. Kansas, Kentucky, Michigan, Minnesota, Missouri and Montana also are no-fault states, as are Nebraska, Nevada, Oregon, Washington and Wisconsin plus the District of Columbia, according to LegalZoom.Full Answer >