Christian views on divorce

Henry VIII of England is known for breaking with the Roman Catholic Church partly in order to obtain an annulment.

Christian views on divorce find their basis both in biblical sources dating to the giving of the law to Moses (Deut 24:1-4) and political developments in the Christian world long after standardization of the Bible. According to the synoptic Gospels, Jesus emphasized the permanence of marriage, but also its integrity. In the book of Matthew He says"Moses because of the hardness of your hearts suffered you to put away your wives: but from the beginning it was not so. And I say unto you, Whosoever shall put away his wife, except it be for fornication, and shall marry another, committeth adultery".^[1] Paul of Tarsus concurred but added an exception, known as the Pauline privilege. The Catholic Church prohibits divorce, and permits annulment (a finding that the marriage was never valid) under a narrow set of circumstances. The Eastern Orthodox Church permits divorce and remarriage in church in certain circumstances^[2], though its rules are generally more restrictive that the civil divorce rules of most countries. Most Protestant churches discourage divorce except as a last resort, but do not actually prohibit it through church doctrine.

The Christian emperors Constantine and Theodosius restricted the grounds for divorce to grave cause, but this was relaxed by Justinian in the sixth century. After the fall of the empire, familial life was regulated more by ecclesiastical authority than civil authority.

Roman Catholic Church

By the ninth or tenth century, the divorce rate had been greatly reduced under the influence of the Roman Catholic Church,^[3] which considered marriage a sacrament instituted by God and Christ indissoluble by mere human action.^[4]

Although divorce, as known today, was generally prohibited in Western Europe after the tenth century, separation of husband and wife and the annulment of marriage were well-known. What is today referred to as “separate maintenance” (or "legal separation") was termed "divorce a mensa et thoro" ("divorce from bed-and-board"). The husband and wife physically separated and were forbidden to live or cohabit together; but their marital relationship did not fully terminate.^[5] Civil courts had no power over marriage or divorce.

Canon law makes no provision for divorce, but a declaration of nullity may be granted when proof is produced that essential conditions for contracting a valid marriage were absent— in other words, that the sacrament did not take place due to some impediment. The grounds for annulment are determined by Church authority and applied in ecclesiastical courts. Annulment was known as “divorce a vinculo matrimonii,” or “divorce from all the bonds of marriage,” for canonical causes of impediment existing at the time of the marriage. “For in cases of total divorce, the marriage is declared null, as having been absolutely unlawful ab initio.”^[6][7][8] The Church holds that the sacrament of marriage produces one person from two, inseparable from each other: “By marriage the husband and wife are one person in law: that is, the very being of legal existence of the woman is suspended during the marriage or at least incorporated and consolidated into that of the husband: under whose wing, protection and cover, she performs everything.”^[9] Since husband and wife became one person upon marriage, that oneness can only be seen as null if the parties improperly entered into the marriage initially, in which the marriage does not validly exist.

Eastern Orthodox

The Eastern Orthodox Church does recognize that there are occasions when it is better that couples do separate, and permits remarriage in Church^[2], though its divorce rules are stricter than civil divorce in most countries. For the Eastern Orthodox, the marriage is "indissoluble" as in it should not be broken, the violation of such a union, perceived as holy, being an offence resulted from either adultery or the prolonged absence of one of the partners. Thus, permitting remarriage is an act of compassion of the Church towards sinful man.^[10] A very low rate of divorce among Orthodox Christians in Greece may suggest that the same may be said for Orthodox Christians in the U.S. However, U.S. rates are inconclusive. The actual divorce rate is probably somewhat higher due to civil divorces obtained without an accompanying ecclesiastical divorce.^[11] Divorced individuals are usually allowed to remarry though there is usually imposed on them a penance by their bishop and the services for a second marriage in this case are more penitential than joyful. The Orthodox Church traditionally states that "it blesses the first marriage, performs the second, tolerates the third, and forbids the fourth". Widowed spouses are permitted to remarry without repercussion and their second marriage is considered just as blessed as the first. One exception to this rule is the clergy and their wives. Should a married priest die, it is expected that his widow will not remarry. Widowed priests are not allowed to remarry and frequently end up in monasteries.

Oriental Orthodox Church

The Oriental Orthodox Church is more severe than the Eastern Orthodox Church in terms of divorce and adopts an intermediate position between Rome and Constantinople, allowing it only in the case of adultery. This position is valid for both Copts and Armenians ^[12][13]

Conservative Protestant churches

Many conservative evangelical and Protestant churches, such as some Baptists, strongly oppose divorce, viewing it as a sin, pointing out Malachi 2:16 – "'For I hate divorce,' says Yahweh, the God of Israel, 'and him who covers his garment with violence!' says Yahweh of Armies. 'Therefore take heed to your spirit, that you don't deal treacherously'" (WEB). However Interfaith marriages are handled differently in Ezra 9–10 and 1 Corinthians 7 (the Pauline privilege).

Church of Jesus Christ of Latter-Day Saints

The Church of Jesus Christ of Latter-Day Saints (also commonly known as “The Mormon Church,” or “Mormons”) officially discourages divorce, encouraging its members to work around marital problems before they lead to annulment or divorce, yet allows both practices in circumstances of infidelity or other serious cases. ^[14] Divorce is heavily frowned upon and Church authorities maintain that “Latter-day Saints need not divorce—there are solutions to marriage problems.”^[15]

Latter-day Saint couples (both with and without temple sealings) are found to have a 23.1% rate of members who have ever experienced a divorce, compared with average of 44.7% among those who state no religious preference. ^{[16] [17]} A lower divorce rate among Latter-Day saints may be due to a strong family culture, the difficulty of securing a cancellation of sealing, and other religious influences. ^[18]

Marriage in the temple is strongly encouraged by church leaders, as Latter-day Saint marriages performed in the temple have less than a 6% chance of dissolution. ^[19] However, the accuracy of this statistic is disputed on grounds that the process required to obtain a temple recommend artificially limits the test group to those who are already less likely to divorce ^[20], for example the temple recommend requires Church members to abstain from pre-marital sex, a behavior associated with a higher divorce rate. ^[21]

The Church discourages divorce partly on account of its theology of the family. Tim B. Heaton explains, “The key tenet in the Mormon Theology of the family is that, given the proper circumstances, family relationships will be perpetuated in heaven.” ^[22]

The Encyclopedia of Mormonism states that “The Church distinguishes between (1) civil marriages, which are valid for "time" (until divorce or the death of one spouse), and (2) temple marriages, or sealings, solemnized by proper ecclesiastical authority, which are binding for "time and all eternity." ^[23]

The Church allows its members to seek civil divorce independent of ecclesiastical authority, but cancellation of a temple sealing may only be performed with special permission from the First Presidency of the Church. The cultural impact of a divorce upon an LDS couple is significant. Church leaders have stated that “every divorce is the result of selfishness on the part of one or both,” ^[24] and maintains that selfishness is a leading cause of marital stress and divorce. Divorced Latter-Day Saints may report feelings of alienation from fellow church-members and some Latter-Day Saints may see divorce as “a sign of failure” ^[25]

See also

• Jewish views of marriage
• Get (divorce document)
• Talaq (Nikah)
• Biblical law in Christianity
• Pauline privilege
• Expounding of the Law#Divorce

References

1. ^ e.g., Matthew 5:31-32, Matthew 19:3-9, Mark 10:2-12, Luke 16:18, see also Expounding of the Law#Divorce
2. ^ ^{a b} See Timothy (now Archbishop Kalistos) Ware, The Orthodox Church
3. ^ Kent's Commentaries on American Law, p. 96 (14th ed. 1896))
4. ^ Cf. Mark 10:9; Canons of the Council of Trent, Twenty-fourth Session. "Session the Twenty-Fourth". London: Dolman. 1848. pp. 192–232. http://history.hanover.edu/texts/trent/ct24.html. Retrieved 2006-09-18. 
5. ^ Kent's Commentaries on American Law, p. 125, n. 1 (14th ed. 1896).
6. ^ W. Blackstone, Commentaries on the Laws of England, 428 (Legal Classics Library spec. ed. 1984).
7. ^ Kent's Commentaries on American Law, p. 1225, n. 1.
8. ^ E.Coke, Institutes of the Laws of England, 235 (Legal Classics Library spec. ed. 1985).
9. ^ Blackstone, Commentaries on the Laws of England, p. 435 (Legal Classics Library spec. ed. 1984.
10. ^ Mgr. Athenagoras Peckstadt, Bishop of Sinope (2005-05-18). "Marriage, Divorce and Remarriage in the Orthodox Church: Economia and Pastoral Guidance". The Orthodox research Institute. http://www.orthodoxresearchinstitute.org/articles/liturgics/athenagoras_remarriage.htm. Retrieved 2008-11-19. 
11. ^ "A Perspective on Divorce Among Greek Orthodox Couples.". http://www.helleniccomserve.com/divorceperspective.html. Retrieved 2008-02-12. 
12. ^ Marriage, politics and Jerusalem
13. ^ Catholicos Karekin I : Statement on Women
14. ^ Heaton, Tim B. “Religion and Family Formation.” Review of Religious Research, Vol 26, No. 4 (June, 1985)
15. ^ Haight, David B. “Marriage and Divorce”. Ensign (May 1984)
16. ^ Goodman, Kristen L. “Divorce” Encyclopedia of Mormonism. Ed. Daniel H. Ludlow. New York: Macmillan, 1992 391-93. Print
17. ^ Mckay, David O. Ensign (June 1969)
18. ^ Heaton, Tim B. “Religion and Family Formation.” Review of Religious Research, Vol 26, No. 4 (June, 1985)
19. ^ Christensen, T. Harold, Kenneth L. Cannon. “Temple Versus Non-temple Marriage in Utah: Some Demographic Considerations,” Social Science, 39 (January, 1964) 26-33. Figures from Table 5, page 31
20. ^ Christensen, Harold T. “Stress Points in Mormon Family Culture,” Dialogue 7 No. 4 (Winter 1972) page 22
21. ^ Kahn, Joan R., Kathryn A. London. “Pre-Marital Sex and the Risk of Divorce.” Journal of Marriage and Family 53.4 (1991) Web, Retrieved 9/29/2011
22. ^ Heaton, Tim B. “Religion and Family Formation.” Review of Religious Research, Vol 26, No. 4 (June, 1985)
23. ^ Goodman, Kristen L. “Divorce” Encyclopedia of Mormonism. Ed. Daniel H. Ludlow. New York: Macmillan, 1992 391-93. Print
24. ^ Oaks, Dallin H. (April 2007) “Divorce.” Ensign (LDS Church)
25. ^ Hoopes, Margaret H. (November 1972) “Alone through Divorce.” Ensign (LDS Church)

Further reading

• Gallagher, Maggie. "The Abolition of Marriage." Regnery Publishing, 1996. ISBN 0-89526-464-1.
• Haltzman, Scott. Secrets of Happily Married Men: Eight Ways to Win Your Wife's Heart Forever. John Wiley & Sons Inc., 2005 ISBN 0787979597.
• Lester, David. "Time-Series Versus Regional Correlates of Rates of Personal Violence." Death Studies 1993: 529-534.
• McLanahan, Sara and Gary Sandefur. Growing Up with a Single Parent; What Hurts, What Helps. Cambridge: Harvard University Press, 1994: 82.
• Mercer, Diana and Marsha Kline Pruett. Your Divorce Advisor: A Lawyer and Psychologist Guide You Through the Legal and Emotional Landscape of Divorce. Fireside, 2001. ISBN 0-684-87068-1 and ISBN 978-0684870687.
• Morowitz, Harold J. "Hiding in the Hammond Report." Hospital Practice August 1975; 39.
• Office for National Statistics (UK). Mortality Statistics: Childhood, Infant and Perinatal, Review of the Registrar General on Deaths in England and Wales, 2000, Series DH3 33, 2002.
• U.S. Bureau of the Census. Marriage and Divorce. General US survey information. [1]