Family Law and Nonmarital Families

Abstract

Despite the sharp increase in nonmarital childbearing, family law still places marriage at the very foundation of the legal regulation of families. Family law's doctrine draws clear distinctions between married and unmarried couples, which then carries over to the treatment of children. Family law's legal institutions created to oversee the family, particularly upon divorce, are designed for married families that have been formally recognized by the state. And traditional gender norms still inform much of family law's approach to legal regulation, particularly in the conception of legal fatherhood. After establishing that this “marital family law” undermines relationships in nonmarital families, this article proposes reforms to integrate nonmarital families into family law. Key Points for the Family Court Community Identifies legal distinctions between marital and nonmarital families Demonstrates how family law harms nonmarital families Provides a blueprint for reform