This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships.
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.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.