This guest post is from Samantha Zenker, Regent School of Law rising 3L:
Many
states, including Pennsylvania, have no-fault divorce. No Fault divorce is when
there is no reason one party or another is assigned the cause of the
dissolution of the marriage but that the marriage can no longer continue-
usually because of “irreconcilable differences” or “irretrievable breakdown of
the marriage” or even mutual consent for the divorce.[1] While
no-fault divorce may sound like it is an easy way to dissolve the marriage, there
is more behind the scenes.
Pennsylvania
allows for alimony, or spousal support, when necessary and up to the discretion
of the Court.[2]
The order to pay is based on seventeen (17) factors, including if the party
requesting payment is at fault for the divorce. The order can also be for a
definite time or an indefinite time frame.[3]In cases
where the alimony is for a definite term, what does this mean for Christian
couples getting divorced?
The
Bible gives multiple verses about how once married, no man shall separate what
God has joined[4],
and the harm divorce causes “The man who hates and divorces his wife,” says the
LORD, the God of Israel, “does violence to the one he should protect,” says the
LORD Almighty. So be on your guard, and do not be unfaithful.”[5] While
the Bible talks against divorce and discourages it, but the Bible addresses the
topic of “spousal support” too. In Timothy 5:8 the verse reads “but if anyone
does not provide for his relatives, and especially for members of his
household, he has denied the faith and is worse than an unbeliever.”[6] So now,
not only is divorce bad, but not providing for the family (children, the mother
of the children) is also breaking the commandment. Courts can order spousal and
child support but perhaps financial needs are the only thing that is the
“support” needed that Timothy refers to.
There
are currently 24 million children living with a single parent.[7] These
children experience more socioeconomic disadvantages that single parents face
such as the parent struggling to provide basic needs like; food, utilities,
clothing, etc.[8]
Children with socioeconomic disadvantages also are linked to having more mental
and behavioral problems, shorter education trajectory, more encounters with
justice system, and more.[9] Not
having the traditional, and biblical, two parent home that provides support,
encouragement, and safety effects children in many ways.
Divorce,
and the loss of support on the family after, shows why the Bible discourages
it. While couples, especially Christian couples, may think their marriage
is over, there is still hope in Jesus and restoring the covenant that was
created before God.
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