Can Changing the Divorce Law Affect Post-Divorce Adjustment?

Abstract

This is a pilot study which compares the effects of two divorce laws on the functioning of parents and children immediately after the separation and two years later. The Parenting Act of 1987 in Washington state is a novel approach to divorce, which was intended to reduce parental conflict by focusing on parenting functions and responsibilities rather than on custody. Parents divorcing under the previous law (a no-fault, joint custody permissible approach) and their children were used for comparison. Two hundred consecutively divorcing couples, for each law, divided equally between a heavily urban county and a rural county were invited to participate. Both parents were asked to rate their own adjustment and the adjustment of each of their children. Respondents were surveyed again two years later. Proponents of the Parenting Act expected that the new law would reduce interparental conflict, help fathers stay more involved with their children, improve the reliability of support payments, and reduce the impact of divorce on children. The expected benefits of the Parenting Act were not demonstrated in this study, although children were somewhat more likely to reside with their fathers than children whose parents divorced under the “no-fault” law. Furthermore, the Parenting Act appeared to have an adverse effect on parents' post-divorce adjustment. However, the low response rate limits the reliability of these conclusions.