Divorce

Kerby Anderson

Families are experiencing many problems today, but the role of divorce in this picture has been frequently overlooked because its destructive effects have been subtle, yet insidious. When the divorce rate increased in the 1960s, few would have predicted its dire consequences three decades later. Yet divorce has changed both the structure and the impact of the family.

This is not just the conclusion of Christians, but also the conclusion of non-Christian researchers working in the field. Clinical psychologist Diane Medved set out to write a book to help couples facing transitions due to divorce. She begins her book with this startling statement:

I have to start with a confession: This isn't the book I set out to write. I planned to write something consistent with my previous professional experience helping people with decision making. . . . For example, I started this project believing that people who suffer over an extended period in unhappy marriages ought to get out....I thought that striking down taboos about divorce was another part of the ongoing enlightenment of the women's, civil- rights, and human potential movements of the last twenty-five years....To my utter befuddlement, the extensive research I conducted for this book brought me to one inescapable and irrefutable conclusion: I had been wrong."(1)

Until the 1960s, divorce has been a relatively rare phenomenon. Certainly there have always been some couples who have considered divorce an option. But fundamental changes in our society in the last few decades have changed divorce from being rare to routine.

During the 1970s, the divorce rate doubled (and the number of divorces tripled from 400,000 in 1962 to 1.2 million in 1981).(2) The increase in the divorce rate came not from older couples but from the baby boom generation. One sociologist at Stanford University calculated that while men and women in their twenties comprised only about 20 percent of the population, they contributed 60 percent of the growth in the divorce rate in the 1960s and early 1970s.(3)

This increase was due to at least two major factors: attitude and opportunity. The baby boom generation's attitude toward such issues as fidelity, chastity, and commitment were strikingly different from their parents'. Their parents would stay in a marriage in order to make it work. Baby boomers, however, were less committed to the ideal of marriage and quite willing to end what they felt was a bad marriage and move on with their lives. While their parents might keep a marriage going "for the sake of the kids," the baby boom generation as a whole was much less concerned about such issues.

Economic opportunities also seem to be a significant factor in divorce. The rise in divorce closely parallels the increase in the number of women working. Women with a paycheck were less likely to stay in a marriage that wasn't fulfilling to them. Armed with a measure of economic power, many women had less incentive to stay in a marriage and work out their differences with their husbands. A study of mature women done at Ohio State University found that the higher a woman's income in relation to the total income of her family, the more likely she was to seek a divorce.(4)

Divorce and Children

So what is the impact? Well, one demographer looking at this ominous trend of divorce and reflecting on its impact, acknowledged:

No one knows what effect divorce and remarriage will have on the children of the baby boom. A few decades ago, children of divorced parents were an oddity. Today they are the majority. The fact that divorce is the norm may make it easier for children to accept their parents' divorce. But what will it do to their marriages in the decades ahead? No one will know until it's too late to do anything about it.(5)

Like Diane Medved, Judith Wallerstein had to revise her previous assumptions. According to the prevailing view at the time, divorce was seen as a brief crisis that would resolve itself. Her book, Second Chances: Men, Women and Children a Decade After Divorce, vividly illustrates the long-term psychological devastation wrought not only on the children but the adults.(6) Here are just a few of her findings in her study of the aftershocks of divorce:

• Three out of five children felt rejected by at least one parent.
• Five years after their parent's divorce, more than one-third of the children were doing markedly worse than they had been before the divorce.
• Half grew up in settings in which the parents were warring with each other even after the divorce.
• One-third of the women and one-quarter of the men felt that life had been unfair, disappointing and lonely.

In addition to the emotional impact is the educational impact. Children growing up in broken homes do not do as well in school as children from stable families. One national study found an overall average of one lost year of education for children in single-parent families.(7)

Divorce and remarriage adds another additional twist to modern families. Nearly half of all marriages in 1990 involved at least one person who had been down the aisle before, up from 31 percent in 1970.(8)

These changing family structures complicate relationships. Divorce and remarriage shuffle family members together in foreign and awkward ways. Clear lines of authority and communication get blurred and confused in these newly revised families. One commentator trying to get a linguistic handle on these arrangements called them "neo-nuclear" families.(9) The rules for these neo- nukes are complex and ever-changing. Children looking for stability are often insecure and frustrated. One futuristic commentator imagined this possible scenario:

On a spring afternoon, half a century from today, the Joneses are gathered to sing "Happy Birthday" to Junior. There's Dad and his third wife, Mom and her second husband, Junior's two half brothers from his father's first marriage, his six stepsisters from his mother's spouse's previous unions, 100-year- old Great Grandpa, all eight of Junior's current "grandparents," assorted aunts, uncles- in-law and stepcousins. While one robot scoops up the gift wrappings and another blows out the candles, Junior makes a wish ...that he didn't have so many relatives.(10)

No Fault Divorce

This legal foundation changed when California enacted a statute in 1969 which allowed for no-fault divorce. This experiment has effectively led to what could now be called "divorce-on-demand." One by one, various state legislatures enacted no-fault divorce laws so that today, this concept has become the de facto legal principle in every state.

The fault-based system of divorce law had its roots in the view that marriage was a sacrament and indissoluble. The current no- fault provisions changed this perception. Marriage is no longer viewed as a covenant; it's a contract. But it's an even less reliable contract than a standard business contract.

Classic contract law holds that a specific promise is binding and cannot be broken merely because the promisor changes his/her mind. In fact, the concept of "fault" in divorce proceedings is more like tort law than contract law in that it implies an binding obligation between two parties which has been breached, thus leading to a divorce. When state legislatures implemented no-fault divorce provisions, they could have replaced the fault-based protections with contract-like protections. Unfortunately, they did not. In just a few decades we have moved from a position where divorce was permitted for a few reasons to a position in which divorce is permitted for any reason, or no reason at all.

The impact on the institution of marriage has been devastating. Marginal marriages are much easier to dissolve, and couples who may have tried to stick it out and work out their problems instead opt for a no-fault divorce.

But all marriages (not just marginal marriages) are at risk. After all, marriages do not start out marginal. Most marriages start out on a solid footing. But after the honeymoon, comes the more difficult process of learning to live together harmoniously. The success of the process is affected by both internal factors (willingness to meet each other's needs, etc.) and external factors (such as the availability of divorce). But even these factors are interrelated. If the law gives more protection to the marriage contract, a partner may be more likely to love sacrificially and invest effort in the marriage. If the law gives less protection, a partner may be more likely to adopt a "looking out for number one" attitude.

Biblical Perspective

If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house, and if after she leaves his house she becomes the wife of another man, and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies, then her first husband, who divorced her, is not allowed to marry her again after she has been defiled. That would be detestable in the eyes of the LORD. Do not bring sin upon the land the LORD your God is giving you as an inheritance.

Divorce was widespread in the ancient Near East. The certificate of divorce apparently was intended to protect the reputation of the woman and provided her with the right to remarry. This public declaration protected her from charges of adultery. The Mishnah, for example, stated that a divorce certificate was not valid unless the husband explicitly said, "Thou art free to marry any man."(13)

Key to understanding this passage is the definition of "something indecent." It probably did not mean adultery since that was subject to the penalty of death (22:22), nor did it probably mean premarital intercourse with another man (22:20-21) since that carried the same penalty. The precise meaning of the phrase is unknown.

In fact, the meaning of this phrase was subject to some debate even during the time of Christ. The conservative school of Shammai understood it to mean a major sexual offense. The liberal school of Hillel taught that it referred to anything displeasing to the husband (including something as trivial as spoiling his food). The apparent purpose of this law was to prevent frivolous divorce and to protect a woman who was divorced by her husband. The passage in no way encourages divorce but regulates the consequences of divorce.

Another significant Old Testament passage is Malachi 2:10-16.

Have we not all one Father ? Did not one God create us? Why do we profane the covenant of our fathers by breaking faith with one another?...Has not the LORD made them one? In flesh and spirit they are his. And why one? Because he was seeking godly offspring. So guard yourself in your spirit, and do not break faith with the wife of your youth. "I hate divorce," says the LORD God of Israel.

In the New Testament book of Matthew, we have the clearest teachings by Jesus on the subject of divorce.

It has been said, 'Anyone who divorces his wife must give her a certificate of divorce.' But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to commit adultery, and anyone who marries a woman so divorced commits adultery. (Matt. 5:31 32) I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery. (Matt. 19:9)

Defining the word porneia (which is translated marital unfaithfulness) is a key element in trying to understanding these passages. While some commentators teach that this word refers to incestuous relationships or sexual promiscuity during the betrothal period, most scholars believe the word applies to relentless, persistent, and unrepentant adultery. Among those holding to this exception clause for adultery, some believe remarriage is possible while others do not.

The other significant section of teaching on divorce in the New Testament can be found in Paul's teaching on divorce in 1 Corinthians 7:10-15.

To the married I give this command (not I, but the Lord): A wife must not separate from her husband. But if she does, she must remain unmarried or else be reconciled to her husband. And a husband must not divorce his wife. To the rest I say this (I, not the Lord): If any brother has a wife who is not a believer and she is willing to live with him, he must not divorce her. And if a woman has a husband who is not a believer and he is willing to live with her, she must not divorce him. For the unbelieving husband has been sanctified through his wife, and the unbelieving wife has been sanctified through her believing husband. Otherwise your children would be unclean, but as it is, they are holy. 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.

In the next section, Paul addresses the issue of mixed marriages. He says that even in spite of religious incompatibility in such a marriage, Paul teaches that the believing spouse is not to seek divorce. Some divorces may have been initiated because of the command of Ezra to the Israelites in Jerusalem after the exile (Ezra 10:11) to divorce themselves from pagan spouses. Paul affirms the same biblical principle: do not seek divorce. However, if the unbelieving spouse insists on divorce, the believer may have to concede to those proceedings and is not bound in such circumstances.

Based on the preceding verses, we can therefore conclude that a Christian can acquiesce to divorce in cases of marital infidelity by the other spouse or in cases of desertion by an unbelieving spouse. Yet even in these cases, the church should not encourage divorce. Certainly in very troubling cases which involve mental, sexual, and/or physical abuse, legal separation is available as a remedy to protect the abused spouse. God hates divorce; therefore Christians should never be in the position of encouraging or promoting divorce. Instead they should be encouraging reconciliation.

One final question is whether a divorced person is eligible for a leadership position within the church. The key passage is 1 Timothy 3:2 which calls for a church leader to be above reproach and "the husband of one wife." Rather than prohibiting a divorced person from serving in leadership, the language of this verse actually focuses on practicing polygamists. Polygamy was practiced in the first century and found among Jewish and Christian groups. The passage could be translated "a one-woman man." If Paul intended to prohibit a divorced person from leadership, he could have used a much less ambiguous term.

As Christians in a society where divorce is rampant, I believe we must come back to these important biblical principles concerning marriage. Christians should work to build strong marriages. Pastors must frequently preach and teach about the importance of marriage. We should encourage fellow Christians to attend various marriage enrichment seminars and ministries in our community.

As Christians I also believe we should reach out to those who have been through divorce. We must communicate Christ's forgiveness to them in the midst of their shattered lives. They need counseling and support groups. Many times they also need financial help and direction as they begin to put together the shattered pieces of their lives.

But as we reach out to those whose lives are shattered by divorce, we must be careful that our ministry does not compromise our theology. We must reach out with both biblical convictions and biblical compassion. Marriage for life is God's ideal (Genesis 2), nevertheless, millions of people have been devastated by divorce and need to feel care andcompassion from Christians. Churches have unfortunately erred on one side or another. Most churches have maintained a strong stand on marriage and divorce. While this strong biblical stand is admirable, it should also be balanced with compassion towards those caught in the throes of divorce. Strong convictions without compassionate outreach often seems to communicate that divorce is the unforgivable sin.

On the other hand, some churches in their desire to minister to divorced people have compromised their theological convictions. By starting without biblically-based convictions about marriage and divorce, they have let their congregation's circumstances influence their theology.

Christians must simultaneously reach out with conviction and compassion. Marriage for life is God's ideal, but divorce is a reality in our society. Christians should reach out with Christ's forgiveness to those whose lives have been shattered by divorce.

© 1997 Probe Ministries International

Notes

1. Diane Medved, The Case Against Divorce (New York:Donald I. Fine, Inc., 1989), 1-2.

2. National Center for Health Statistics, "Advance Report of Final Divorce Statistics, 1983," NCHS Monthly Vital Statistics Report, vol. 34, no. 9, 26 December 1985, table 1.

3. Landon Jones, Great Expectations: America and the Baby Boom Generation (New York: Ballantine Books, 1980), 215.

4. Ibid., 216.

5. Cheryl Russell, 100 Predictions for the Baby Boom (New York: Plenum, 1987), 107.

6. Judith Wallerstein and Sandra Blakeslee, Second Chances: Men, Women and Children A Decade After Divorce (New York: Ticknor and Fields, 1989).

7. Sheila Fitzgerald Klein and Andrea Beller, American Demographics, March 1989, 13.

8. William Dunn, "I do, is repeat refrain for half of newlyweds," USA Today, 15 February 1991, A-1.

9. "Families: neo-nukes," Research Alert, 17 August 1990, 6.

10. "When the Family Will Have a New Definition," What the Next 50 Years Will Bring, a special edition of U.S. News and World Report, 9 May 1983, A-3.

11. Arland Thornton and Deborah Freedman, "The Changing American Family," Population Bulletin, vol. 38, no. 4 (Washington, D.C.: Population Reference Bureau, Inc., 1983), 10.

12. Lynn K. White and Alan Booth, "The quality and stability of remarriages: the role of stepchildren," American Sociological Review, vol. 50, no. 5, October 1985, 689 98.

13. G. J. Wenham, "Gospel Definitions of Adultery and Women's Rights," Expository Times 95, 11 (1984): 330.

About the Author

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