Divorce

Divorce refers to the legal dissolution of a marriage. In the United States, laws governing divorce have undergone significant changes, particularly regarding the grounds required to end a marriage. These changes have important implications for understanding marriage as a lifelong covenant.

The Biblical View of Marriage and Divorce

Marriage was established by God as a lifelong commitment between one man and one woman, with divorce permitted only in cases of serious violations of the marriage covenant.¹

History of No-Fault Divorce in the United States

Before 1970, American law reflected a more restrictive view of divorce that required proving specific wrongdoing by a spouse. California implemented the first no-fault divorce law in the United States on January 1, 1970. Other states gradually adopted similar legislation, marking a significant shift away from traditional protections for marriage.²

Traditional Divorce Requirements

The legal system previously required substantial justification for ending a marriage, including:

Proof of serious marriage violations
Evidence of specific misconduct like adultery
Documentation of abuse or abandonment
Demonstration of other significant breaches of marriage commitments³

Impact of Current No-Fault Divorce Laws

Under modern no-fault divorce systems, the spouse seeking the divorce is not required to show any wrongdoing on the part of the other spouse, so a person can get a divorce simply because he or she no longer wants to be married.⁴ This change has made divorce more accessible and has increased divorce rates throughout the country.

Protecting Marriage Through Law

To strengthen marriage as a lifelong commitment while providing necessary protections, scholars recommend several legal measures:

Mandatory counseling before divorce
Significant mandatory waiting periods
Elimination of no-fault divorce provisions
Protection against spousal abandonment
Safeguards against harm to either spouse⁵

References

Wayne A. Grudem, Politics - According to the Bible: A Comprehensive Resource for Understanding Modern Political Issues in Light of Scripture (Grand Rapids: Zondervan, 2010), 220.
Grudem, Politics - According to the Bible, 220.
Ibid.
Ibid.
Ibid.