Tuesday, July 16, 2024

No Fault Divorce

The Bible not restricting divorce to only adultery or, hell, sexual immorality does not mean anything remotely similar to no fault divorce is authorized.  Matthew 19:9 is not the only verse on the morality of divorce: Exodus 21:9-11 addresses neglect and abuse as justifications for divorce, Deuteronomy 24:1-4 addresses general sin in this context but does not specify which sins are not severe enough, and 1 Corinthians 7:12-16 addresses abandonment.  In no way is this divorce for any and every reason, as some think Mosaic Law allows, for this is not the same as the broadness of the no fault divorce laws of America.  Leaving a spouse for even a minor or easily correctable error at least is to do so because of something more than sheer preference!

With a no fault divorce, a wife and husband could casually, even amicably end their legal marriage while maintaining that neither of them has committed some grievous wrong.  One of them could have literally had the sudden arbitrary whim upon waking up to get divorced even though the relationship is otherwise safe, loving, and, most importantly, perhaps even up until that point based on rationality (though it would be irrational for either spouse to actually leave for this reason).  Acting on this would be subjectivist or emotionalistic.  In this type of scenario, the couple could terminate the marriage through no fault divorce by indicating that there is no fault that is to blame, only a divergence of personal interest.  This course of legal action can also be pursued to quickly escape the likes of an actual abuser less expensively and painfully.

Just calling a divorce no fault would not actually have to mean that there was no divorce-worthy problem lurking behind the scenes, as it could be the case that neither party is accusing the other of such a thing even though it did occur.  Still, in spite of how there might have ultimately been infidelity or abuse, it would be unjust to present the marriage to friends as if it is ending for unrelated, trivial reasons.  Divorce for the sake of mere emotional preference or a sudden lack of attraction is not legitimate, and a cheating (which is adultery, not flirtation, having opposite gender friends, and so on) or abusive spouse deserves to be confronted and cast aside on those grounds.  Whether this is brought to the attention of the legal system is a separate matter.

A romantic commitment to someone is no small thing, especially if one will live with, have sex with, and spend a great deal of time with them.  It is irrational to charge into a dating or marriage relationship blindly or to stay no matter what comes from it out due to the same emotionalism that might lead some to flippantly abandon their relationship.  Yes, it is also no small thing to leave a relationship, particularly if it had progressed to the point of marriage, on a legal level or in the sense of greater commitment.  There would need to be specific realizations and motivations to make this rational.

The Biblical position on divorce is not that it is always evil or that it is only permissible in an extremely rare, narrow kind of circumstance.  It is multiple different kinds of sins that free the other spouse to totally sever themselves from the marriage.  They must actually be moral offenses (Deuteronomy 24:1-4), though, not subjective whims!  The kind of divorce Jesus contrasts the Biblical kind with in Matthew 19 could not be some no fault divorce of Mosaic Law because the Torah does not permit actual no fault divorce (again, this does not mean legal opportunity for no fault divorce cannot be used pragmatically to a victimized spouse's advantage).  Entering or leaving a romantic partnership for anything less than rational responses to whatever evidence one has access to about the other person is baseless.

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