This article provides a survey of one major development in family law in the United States that has occurred during the most recent past. This development is the change that has occurred in marriage-like relationships. The article begins with a discussion of contract cohabitation and the extent to which it reflected a change from traditional views of formal or informal marriage as the only legally acceptable model for adults who desired to live together. It shows how contract cohabitation laid the groundwork for the establishment of domestic partnership laws. These laws were first adopted by municipalities and then by states to cover same-sex relationships and then served as a predicate for civil union legislation. That legislation in turn provided a legal model for recognizing same-sex relationships short of marriage. The article provides an analysis and critique of provisions (which are reproduced) dealing with domestic partnerships of the Principles of the Law of Family Dissolution proposed by the American Law Institute in 2000.

Boston College Law School Faculty Papers

New Directions for Family Law in the United States

In Virginia traditional alimony was the only form of recompense allowed to a divorced spouse until 1977. Property was divided according to title, either his, hers or theirs. In 1977, the legislature added the possibility of a "lump sum payment" based upon the "property interests of the parties" after considering "the contributions, monetary and non-monetary, of each party to the well-being of the family," among other factors. This language gave little guidance as to when such an award might be appropriate or what specific factors were to be considered.
A survey conducted by Ingrid Hillinger for the Family Law Section of the Virginia Bar Association in the fall of 1981 indicated that the role of§ 20-107 in property division was unclear. Many attorneys were still filing suits for constructive or resulting trusts. Most believed that Virginia should adopt some form of equitable distribution. The 1981 Virginia Legislature had also recognized the need for change and appointed a committee to study the problem. HB 691 was the result of their study and the Virginia General Assembly adopted their proposal with few changes, replacing § 20-107 with § 20-107.1 - 20-107.3. Some may see § 20-107.1 through § 20-107.3 as a mere extension and outgrowth of the old § 20-107. To some extent, it is, but domestic relations attorneys will find themselves in a new age.

Equitable Distribution: Virginia Code Section 20-107

Within the last fifty years, a transformation has taken place in American law. Before then, family relationships, like parent-child relationship, were clearly defined by biology or adoption. Marriage was defined by gender. Marriage certificates and birth certificates evidenced one's legal status. The transformation that has occurred was the legal recognition that took reality into account that relationships can develop without formalities. No longer can it be said that either one is in a certain status or one is not. Marriage-like relationships have been recognized, like civil unions, as well as de facto parenthood. American law has now recognized that marriage is an evolving, not a static institution with some jurisdictions no longer defining the status in terms of gender, that adoption is also an evolving institution, no longer excluding birth parents from the relationship. In essence, in American law there has been a recognition of the changes that have taken place both in society and science. This recognition still focuses on the family, defined in a multiple ways. It is the family which is the unit in society designed to insure the continuation of the civilization.

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New Directions for Family Law in the United States

Equitable Distribution: Virginia Code Section 20-107

Preserving the Family Through Change for the Sake of Future Generations