Introduction

The Law of God

• Marriage
• One flesh- Gn. 2:24, I Co. 7:3,4
• Joined by God- Mt. 19:6
• Q: OT: polygamy, concubines- Abraham, David
• NT: husband of one wife-
• Divorce
• Contrary to God’s will- Mal. 2:16, Mt. 5:31, 32; 19:9, Mk. 10:11,
• Lu. 16:18, I Co. 7:11
• O.T. Moses’ certificate (Dt. 24:1-4) not a command but a concession
• (Mt. 19:8)
• Grounds:
• Adultery- breaks the marriage bond (one-flesh)
• Desertion by unbelieving spouse (“Pauline privilege”)- 1 Co.7:15

The Law of Man

• Introduction
• NJ Divorce Act of 1794
• Framework- secular, not canon law; courts of “chancery” or “equity”, not ecclesiastical
• Grounds- adultery (per English canon) and desertion (new- 7 years)
• Blackwell Act of 1924- added extreme cruelty (6 months)
• Case Law Prior to No-Fault (1794-1971)
• Desertion- “willful, continued and obstinate”, can be constructive
• Defenses- recrimination (or “comparative rectitude”), unclean hands, condonation
• NJ Divorce Reform Act of 1971
• New ground (added to others)- No fault (18 month separation, no “reasonable prospect of a reconciliation”)
• Desertion shortened from 2 years to 1 and cruelty from 6 months to 3
• Fault defenses eliminated
• Fault eliminated as a factor in equitable distribution
• Fault eliminated from alimony determinations and custody awards (by court opinions)

Christian Responses

• Combat secularization of divorce law?
• Fault principles (i.e. biblical standards) were appropriate in 1794 because reflected cultural norms
• Return to fault principles in 2005 may violate “establishment clause” of First Amendment
• “Covenant Marriage” laws
• Expand (or restore) the role of the church?
• Counseling
• Mediation
• Discipline