God’s law regarding divorce: “Are you married? Do not seek a divorce…” I Corinthians 7:27
Divorce Law
I got this information from a pamphlet written by Legal Services, Inc. Revised 6/99
I hope this information is helpful and useful to those who are seeking a divorce for godly reasons: your spouse has committed
adultery.
“I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman
commits adultery.”.Matthew 19: 1-9 (NIV)
To start a divorce in Pennsylvania, one or both of the spouses must have lived in Pennsylvania for at least the past six months. The person
who is asking for the divorce (the plaintiff) files a complaint that tells the court why he or she should get a divorce from his or her spouse
(the defendant). A divorce is not final until a decision is made and a divorce decree is entered by a court. The two categories of divorce in
Pennsylvania are fault and no-fault. This (brochure) explains the differences between them.
How can I get a no fault divorce?
The only reason that the plaintiff has to tell the court for a no-fault divorce is that the marriage is irretrievably broken.
If both the wife and the husband (the spouses) want a divorce and agree that the marriage cannot be saved, things are simple. After the
complaint is filed, there is a 90-day waiting period. Each party then files a sworn statement that the marriage is irretrievably broken and that
each wants a divorce, and asks the Court to grant it. This type of no-fault divorce is often called a mutual consent divorce.
What if my spouse doesn’t want a divorce?
A no-fault divorce can still be granted, even if one spouse does not agree, if
- the couple has been living separate and apart for at least two years (a couple can be considered to be living separate and apart even though
they still live in the same home, if they are living separate lives and have very little to do with each other); (a note from Pure Victory Ministries:
a couple can be living separate and not be considered to be separated if they are still acting as husband and wife, for example if they are still
being intimate; or if they are living apart because of business or miliary.) - it is proved that the marriage is irretrievably broken
Are there still “fault” divorces?
Yes, if
- one spouse refuses to agree to a divorce, and
- the couple has not been separated two years, and
- the spouse seeking the divorce doesn’t want to wait two years. The plaintiff can still get a divorce but must prove that the other spouse is at
fault— that is, did something wrong to the plaintiff— and the plaintiff must show that he or she did little or nothing wrong to the defendant. If
both spouses were at fault, no divorce will be granted.
The legal grounds for a fault divorce are desertion for a year or more, bigamy, adultery, a jail sentence of two years or more for the
conviction of any crime, indignities (any continuing conduct which makes the plaintiff’s life unbearable), and cruel treatment which is a
danger to the plaintiff’s life or health.
A divorce will also be granted where the defendant has been in a mental institution for a serious mental problem for at least 18 months before
the divorce is started, and will probably remain in the institution for at least 18 months after the divorce has been started.
Can one spouse stop a divorce from going through?
If a divorce is sought on no-fault grounds, the defendant may prevent the divorce from being granted by providing that the parties have not
lived separate and apart for at least two years or that the marriage is not irretrievably broken.
If a divorce is sought on fault grounds, and the defendant proves that the plaintiff is not innocent or injured, or that the facts claimed by the
plaintiff are not true, a divorce may not be granted. These are only a few of the available defenses. Others exist depending on the situation.
What should I do if I become involved in a divorce?
If you are involved in a divorce action, you need to consider asking for custody, alimony, support, marital property, counseling, and
attorney’s fees before a divorce is finalized.
Can the divorce court award alimony?
Either spouse can get alimony—support after the divorce—by and agreement of the parties or by court order. The court will consider
factor’s such as the length of the marriage, the division of the parties’ marital property, and the parties’ ages, health, earning capacities, and
needs in deciding whether, in what amount, and for how long to award alimony.
A couple can agree to the amount, duration, and manner of payment of alimony, but the agreement may be modified by the court.
Alimony may be ordered for a specific time or an unlimited time, depending upon whether the person can work or develop a job skill. If,
because of age, disability, or the need to care for children, it is difficult for the person to work, alimony may be ordered for a long or
unlimited time.
A person asking for alimony must request it as part of a divorce action before the court finally grants the divorce. If you don’t, you can never
come back and ask the court to order it. After alimony is granted, a person loses the right to continue getting it if he or she remarries or lives
together as husband or wife with a person of the opposite sex.
Either spouse also can get a court order for temporary support until the court grants a divorce. Under this temporary order a spouse may also
receive attorney’s fees, medical insurance coverage, and other expenses.
What is marital property?
Marital property generally means all property acquired during the marriage. Marital property includes the increase in the value of any property
which one spouse acquired before the marriage or acquired by gift or inheritance, but not the property itself. It does not matter if the title to
the property is in the name of only one spouse.
A couple can agree to divide their property in any way they choose. They may have the court make the agreement part of the court order.
Except in unusual cases such as fraud, the court cannot modify a property division agreement as long as the parties fully disclosed their
financial situations to each other and entered into the agreement knowingly and voluntarily.
An agreement is a good idea because it saves both parties money, time, and aggravation. However, if no agreement is possible, either spouse
can ask the court to divide the marital property in a fair way. In the deciding how to divide the property the court will consider many factors,
such as the number of children, the parties’ health, and their standard of living. The court has the right to give more of the marital property to
one party than to the other.
As with alimony, a request that the court divide marital property must be made as part of the divorce action before the court finally grants the
divorce.
What about child support and custody?
Unlike alimony and marital property, child support and custody do not have to be included in a divorce action. These matters can be decided
at any time, and in separate court actions.
But, if either party wishes, child support and custody can be included in a divorce case. A couple can make a written agreement about child
support and custody and then have the court make the agreement part of a court order. If the parents cannot agree, either party can ask the
court to modify a child support or custody order at any time if it is in the child’s best interest.
Divorce has a strong effect on children
A parent’s divorce takes four years off the life expectancy of their children!!
It’s as simple as that. By divorcing your spouse other than for marital infidelity and abuse, you
are cutting your kids lives short.
Here are some other interesting facts about kids whose parents are married:
- Have higher birth weight
- Suffer less childhood diseases
- Experience less child abuse and sexual abuse
- Make better grades, are less likely to drop out of school, and more likely to go to college
- Spend less time under the poverty level if the family income drops
- Less likely to have a teen pregnancy, be arrested, use drugs or abuse alcohol
Re-Marriage
Matthew 5:32 (KJV) "But I say unto you, that whosoever shall put away (divorce) his wife, saving for the cause of fornication (adultery), causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery.Matthew 19:9 (NIV) "I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery."I Corinthians 7: 14-15 (NIV) "But if the unbeliever leaves, let him do so. A believing man or woman is not bound in such circumstances; God has called us to live in peace."If you are a Christian, and even if you aren’t, getting married again is something you should evaluate with caution. If you divorced your first spouse because they committed adultery or fornication, or if your first spouse left you, abandoned you, or physically abused you, then you are free to marry again, but only to a person who has either never been married or is divorced for the same reasons mention above (adultery, fornication or abandonment, physical abuse), or if they were not born-again when they got divorced and now they are.But, if you are married again, don’t think you need to run out and divorce your spouse just because you didn’t divorce your first spouse for the provided godly reasons. Two wrongs don’t make a right. I will say this though, if you were a Christian when left your spouse to marry another person (you committed adultery) and married that person, then you should seriously consider reconciling to your first (covenant) spouse, because the marriage you are in right now is a non-covenant marriage brought about by the act of adultery and not recognized by God. These things are harsh, but truth was never meant to be wishy-washy.Another thing to consider. Jesus said that "whosoever shall put away (divorce) his wife…causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery." If your spouse loves you and you leave them or divorce them, you are leaving them open to temptation brought about by loneliness or vengeance, and they are left for prey to fornication. And if someone marries her in this condition, they are committing adultery, he who marries her, because her heart is still bound to her first husband, who divorced her.You see it gets complicated. That is why Jesus said it is better not to marry at all.
“The foundations of civilization are no stranger and no more enduring than the corporate integrity of the homes on which they rest. If the home deteriorates, civilization will crumble and fall.” Billy Graham