Why does a married believer have to go before a non-believer to obtain a divorce?

 

Why does a married believer have to go before a non-believer to obtain a divorce?
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Tim Cella
Former Paralegal at Ascent Law (2018–2021)

This is something you can ask during a meeting with a divorce attorney. This is a good question. It really depends on what religious tradition you are referring to — at least, when you use the terms “believer” and “non-believer” I takes those to be from a religious context. With that being said there can be several reasons why a married believer may have to go before a non-believer to obtain a divorce, when looking at the three major Abrahamic faiths (Judaism, Christianity, Islam):

In Judaism, religious Jewish courts (batei din) have authority over divorces for Jews. However, to be recognized by civil authorities, the divorce (get) often has to be finalized through the civil court system as well.

In Christianity, especially Catholicism, getting a religious annulment of the marriage through church authorities does not equal a legal civil divorce. A civil divorce may still be required even after going through the annulment process.

In Islam, sharia law grants religious courts dominion over divorce. But in non-Muslim majority countries, Muslims may have to legally file for civil divorce in family courts to have it recognized by the state.

In cases of interfaith marriages between a believer and a non-believer, the non-believing spouse may not consent to a religious divorce, requiring a civil procedure.

If one spouse converts to another religion, differences in divorce doctrines may require a civil process to fully dissolve the marriage.

Believers may seek civil divorces if religious authorities refuse to grant them a religious divorce against doctrinal rules.

So, legal jurisdiction, interfaith complexities, and differences between religious and civil marriage can compel believers to go through secular courts and judges to fully execute a divorce, even if they already have religious approval.

I hope this makes sense. If you need legal help from a Utah lawyer, try this one:

Jeremy Eveland

17 North State Street

Lindon UT 84042

(801) 613-1472

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Location: Utah, USA

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