Divorce can be an emotional and complicated undertaking as many factors must be weighed prior to going forward with the dissolution of a marriage. Along with legal implications such as splitting assets and negotiating child custody agreements, religious differences also play a role when contemplating divorce.
In these modern times, most religions recognize certain situations in which divorce is acceptable but there are cultural considerations that vary between the denominations. Different faiths interpret these scriptures differently. Here’s a look at the general beliefs of some of them around divorce:
Protestantism: While divorce is discouraged, many Protestant churches accept it if a marriage is deemed irreparable. Remarriage is often permitted.
Catholicism: The Catholic Church typically prohibits divorce, but individuals who are divorced can still be part of the church. Remarrying after divorce requires an annulment; otherwise it may affect the ability to receive communion.
Mormonism: Although divorce is discouraged it is allowed in certain cases. A “cancellation of sealing” may end a marriage within the church’s doctrine.
Judaism: Divorce is allowed but not encouraged. Traditionally, only men could initiate divorce, but most Jewish communities now allow it for either spouse. A legal document, called a “get,” is required for divorce under Jewish law, especially in Orthodox Judaism.
Hinduism: Divorce is rare but permitted under the Hindu Marriage Act of 1955, which allows it in cases like infidelity, cruelty, or abandonment. Traditionally, Hindu marriages were seen as lifelong commitments.
Buddhism: Since Buddhism lacks strict marriage rules, divorce is permitted without restriction and may be advised if a marriage causes suffering.
The civil laws that we live by regardless of religious affiliation have their own requirements regarding divorce. And some religious denominations may consider you religiously divorced once you get a civil divorce.
Respecting Beliefs
Regardless of which religious customs a couple adheres to studies have shown that one of the positive effects of religious involvement is that couples that attend church together have a lower divorce rate. On the flip side, some feel there is unfair stigma attached when a marriage ends within a religious community.
Working with a divorce attorney who approaches the proceedings with cultural sensitivity can help mitigate the sense of fear or shame one feels in the process. Sharing one’s concerns around their religious belief system upfront helps the attorney understand all the issues he or she will need to be aware of during the divorce process. And engenders mutual respect among all parties involved.
Legal Challenges
A divorce attorney with experience in these areas can navigate the various aspects of a religious divorce with respect to their client’s individual beliefs. Getting a divorce doesn’t mean one has to give up their religion or church. If special legal accommodation needs to be made to ensure that this is possible, a California Certified Family Law Specialist is your best resource to protect your interests.
With secular divorces mediation is an excellent way to reduce the often significant costs in terms of time and money. Complex issues such as custody disputes can be simplified when all parties sit down and work with a trained professional to reach a mutually satisfactory resolution.
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