Family Law - "Whither Now?"

Abstract

The revolutionary changes in the typical American family life are characterized by a discrepancy between its present reality and traditional expectations of what it ought to be. By modern standards, the expectations are either unrealistic or antiquated, because the expectations are derived from conditions that no longer characterize families today. The complicated emotional and economic ramifications of the shattered family have required us to recognize that family law and the decisions affecting family life are influenced primarily by far-reaching changes that have occurred in the social, economic, and psychological bases of the family. These changes have been dramatically manifested in our family law in the areas of "no-fault divorce," changing concepts in property distribution, and alimony (spousal support). Respected authority has recognized the increasing prevalence of nonmarital relationships in modern society, the social acceptance of them, and the establishment of contractual and property rights resulting therefrom. With challenge to the traditional two-parent family unit, and increasing emphasis to "ad hoc" arrangements or family rationalizations, where do we go from here?