Family Governance in the Age of Divorce

In the age of divorce, the traditional picture of family governance has been substantially altered. The most striking aspects of this change are the result of new norms of family behavior. With large increases in the number of divorced and nonmarital families, many more families now find themselves before the courts disputing financial, child-rearing, and other questions. Within this context, the old rule of deference to private family governance is often not workable.

These families are necessarily subject to a greater level of public intervention and regulation. But the forms of this regulation have also changed, reflecting a new and different understanding of privacy. In divorce, individuals are encouraged to resolve their differences through negotiation, with the courts acting as default decision-makers in cases of extreme conflict. Courts have moved toward greater protection of individual autonomy and privacy in matters of family life.