When every relationship is above average: perceptions and expectations of divorce at the time of marriage
We asked survey participants who were applying for marriage licences and law students about their expectations for their own marriages as well as their knowledge of divorce statutes and divorce demographics. Both groups had misconceptions about the legal requirements of the marriage contract as they were expressed in divorce laws, but they had reasonable accurate—if occasionally overly optimistic—perceptions of the likelihood and consequences of divorce in the general population. These same people exhibited utterly idealistic views regarding the strength of their own marriages and what would happen if they were divorced. Through a seminar on family law, participants were more informed about divorce laws, yet this unwarranted optimism persisted. Although there was broad agreement about a few key areas where the rules should alter, both groups broadly approved of the current divorce statutes. These results show that systematic cognitive biases, rather than a lack of knowledge about divorce, may be the cause of the sensation of unfairness and surprise that typically accompany divorce.
Recent years have seen a lot of attention paid to divorce (Baker, 1990; Emery, 1988), but little research has been done on people's perceptions regarding its legal ramifications, particularly as it relates to how they view the marriage contract. Because some commentators have argued that spouses only learn the parameters of the marriage contract after divorce, research on attitudes before to divorce is required. The terms imposed by the state are allegedly frequently perceived by spouses as unjust and unexpected (Fineman, 1991; Glendon, 1987; Weitzman, 1985).
In order to answer the crucial topic of why many spouses can be shocked by its repercussions, this study conducts an empirical investigation of young adults' perceptions of the frequency, impacts, and legal aspects of divorce. Four main topics were covered by our poll questions: (1) How do people who are getting married view the laws governing divorce? (2) How do they view the risk and likely effects of divorce on the general population? (3) How do they view the risk and likely effects of divorce on themselves? (4) How do they believe the laws governing divorce should be written?
In Study 1, the survey was given to applicants for marriage licences, a group of young individuals for whom the legal provisions of the marriage contract are very personally important. In Study 2, the same questionnaire was administered to law students both before and after they finished a family law course, a group of young adults for whom the legal provisions of a marriage contract are personally and intellectually meaningful. The main issue at hand was whether the surprise and injustice that may accompany divorce stem from (a) ignorance of divorce law and its repercussions, or (b) precise knowledge of divorce law and its repercussions, but a view that this information is not personally relevant. We were also curious to find out how much existing laws are congruent with current social mores.
Study 1 Discussion
The gap between their rather accurate awareness of the basic rates of divorce and its repercussions and their disdain of these base rates when making projections about their own futures was unquestionably the most remarkable finding from the poll of marriage licence applicants. However, unrealistically optimistic predictions, such as those made by these respondents regarding their own marriages and potential divorces, as well as a significant lack of awareness of divorce laws, may be specific to the time of marriage. Due to this, we polled law students both before and after a fundamental family law course. One would anticipate that law students would know far more about divorce law, especially after taking a family law course. Law students may be able to overcome any representativeness bias and form more realistic expectations for their own marriages and potential divorces with the help of this intellectual exposure to divorce.