• 03
  • August
    2011

The past half-decade has seen some sweeping changes in the field of family law and divorce. In fact, Denver residents might not realize just how much the field has changed. Here are a few examples of the dramatic shifts this area has undergone. They are a good example of why it's a good idea to work with an attorney on family law matters - when things are moving so rapidly, it helps to know someone who stays abreast of things.

Fault: Divorce used to require some sort of fault, such as infidelity or abuse. That all changed with the introduction of the first extensive, modern no-fault divorce statute, enacted in 1970 in California. Now, couples no longer have to prove one party was at fault, which spares them the embarrassment of airing out their dirty laundry before a court.

Unmarried Cohabitation: It used to be that it was highly frowned upon for couples to live together before there was a ring on the woman's finger. This was considered "living in sin." Today, it is far from unusual for a couple to live together before marriage or to never marry at all. In fact, in some states there are more unmarried, cohabitating couples than there are married couples. Many laws regarding child support, child custody and spousal support rely on the couple having been married at one point. Now that so many people live together without being married, perhaps it's time this body of law be brought up to speed.

Surrogacy: Medical breakthroughs have made it possible for couples who previously could not conceive to have their own children using the genetic material of donors. Naturally, this complicates the idea of parenthood. Who should be considered the legitimate parents of a child who was conceived with the genetic material of one person but raised by another?

Same-Sex Couples: More and more states are choosing to recognize same-sex unions in some manner. Our country is still embroiled in a debate as to whether this is proper, setting it up to be one of the most hotly contested areas of law in the near future.

Source: The Huffington Post, "America's Relationship With Divorce: It's Complicated," Michael Kretzmer, 27 July 2011.