Divorce Under the Law
As mentioned previously, divorce is, for all intents and purposes, readily available to anyone who may seek a divorce. Historically, one may have been required to demonstrate “fault” in order to be granted a divorce. However, the states have all but done away with the concept of “fault” as a prerequisite to seeking a divorce. Instead, the law is more likely to inquire whether a marriage is irretrievably broken, or otherwise incapable of repair. While the availability of divorce is helpful to many, it provides little relief for those people who practice a religion opposed to divorce.
Religious Practitioners
Although a person’s religion may strictly prohibit divorce, there are possible alternative avenues of relief available to the devout.
Declaration of Invalidity
When people marry, they tend to do so with good intentions. However, occasionally, there may be circumstances unbeknownst to one of the parties involved. Sometimes, these circumstances may serve as a condition that undermines the validity of the marriage. For example, Sue and Bob get married. Unknown to Sue at the time of the marriage, Bob had made some sort of fraudulent representation to Sue, and that representation undermined the essence of the marriage. If Sue later learns about Bob’s fraud, she may be able to seek that her marriage to Bob is declared invalid. Speaking in terms common to religious belief, you might know this concept as an “annulment”. Some religions may allow married couples to annul their marriage.
