Legal Question in Family Law in California
I feel my religious liberties are being grossly violated by state and federal law.. As a Christian I am not being allowed to practice my faith regarding divorce the way my GOD has Commanded. Jesus clearly says "[Jesus said] It has been said, �Anyone who divorces his wife must give her a certificate of divorce.� But I tell you that anyone who divorces his wife, EXCEPT FOR MARITAL UNFAITHFULNESS , causes her to become an adulteress" As a Christian I should be able to file for divorce under adultery as my GOD clearly says about what constitutes a legal divorce under his Eyes..Is there anything I can do?
2 Answers from Attorneys
You seriously misunderstand the separation of church and state as well as the civil and religious nature of marriage. They are totally separate. Marriage in the bible was not civil marriage. The government did not involve itself in marriage at that time except to the extent that the religious institutions acted in the capacity of government in many respects. Civil marriage does not require nor involve itself in the religious aspects of marriage. Civil marriage is a system of laws and legal rights and protections for record keeping and determining property, financial and parental rights. A civil divorce makes you no more divorced as a religious matter than a church divorce would make you divorced as a civil matter. If your faith considers the Bible and the church to have control over your marriage, as strict Catholics do for example, then the church does not recognize the civil divorce by itself - you will need to get a church divorce too and THAT is where you plead cause, such as infidelity. If your faith DOES recognize the civil divorce as a valid religious divorce as well, then obviously your church does not agree with you that it is a violation of any religious rules of your faith that you cannot plead adultery as the grounds for divorce. In that case, take your disagreement up with your church. The civil side of divorce has very sensibly taken any moral judgment out of the process of dividing property, providing support to spouses and children as needed, and dealing with custody of children. There is nothing in violation of your rights in that.
Just check the box marked "irreconcilable differences" and get in line with everyone else.