Performing the Bad Marriage? The Transition from a Troubled to a Troubling Family in the Course of Fault Divorce in the 21st Century

Bibliographic Data

ID5933231
AuthorsVéronique Parisot (0000-0003-3403-0278, University of Vienna, corresponding author)
Year2021
Volume10
Issue12
Pages464
Publication date2021-12-05
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueSocial Sciences (JOURNAL)
Journal identifiersISSN: 2076-0760 • E-ISSN: 2076-0760
PublisherMDPI AG (PUBLISHER • IT)
DOI10.3390/socsci10120464
OpenAlexW4200021025
LanguageEN
Citations received2
References cited34

Austrian family law stands out in Europe because, in Austria, fault-based divorce is still legally valid. In these divorces, the suing partner attempts to prove in court that the other partner is at fault for the breakdown of the marriage. Thus, proving in court that a relationship is deficient in order to obtain a divorce is a common family transition practice in Austria. In this contribution, I seek to identify the practices that are associated with fault divorce proceedings and look at how these practices are related to normative and legal ideas of marriage. Based on a qualitative multiple case study, I analysed 17 fault divorce lawsuits filed by heterosexual couples in the 2014-2016 period. To do so, I used situational analysis, trans-sequential analysis, and an analytical framework that was developed within the research project. The spouses' involvement in the proceedings relied on two main approaches: First, the divorce was justified by an event that was disruptive enough to 'keep things short'. These narratives were related to the divorce grounds explicitly mentioned in family law. Second, the divorce was justified through narratives of a 'normal' marriage that became a 'bad' marriage over time. These narratives relied upon characterisations of the other spouse as deficient. These deficiencies were related to normative expectations associated with particular life stages and gendered life course trajectories and mirrored the nuclear family ideal

Family law · Family life · Life course approach · Narrative · Normative · Political science · Situational ethics · Sociology · Spouse · Demographic Trends and Gender Preferences · Family Dynamics and Relationships · Gender Studies · Intergenerational Family Dynamics and Caregiving · Law · Psychology · Social Psychology

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