The Future of Family Law

Abstract

In the nineteenth century, marriage and divorce became matters of judicial cognizance. Ambivalence toward divorce is shown by the propensity of Anglo-American law to maintain a strict divorce law in theory, but to institutionalize divorce in practice, so that, in reality, divorce is readily obtainable when both parties desire it. Social change and a general rejection of hypocrisy have led to a reform of matrimonial law following World War II. Recent legal opinions agree on the necessity for reform, but differ concerning whether non-fault-grounds should be added to fault-grounds as a basis for divorce. Ferment and change are also occurring in laws concerning matrimonial property, alimony, and support. Juvenile courts may no longer deprive juveniles of due process on the theory that institutionalization is treatment for the good of the juvenile delinquent. Family law depends, in large measure, upon advances in behavioral science. However, the moral sense of the community is also a necessary element. Family law reflects changing social values and felt needs of the people, but there is a time lag between mores and law, which may be observed by noting the difference between "living law" and formal law. It is likely that legal aid and community legal services will give greater assistance to poor families with problems, and that welfare laws will eventually be changed in order to promote family stability.