Divorce and Civil Law

When approaching the subject of divorce and remarriage, the conscientious Bible student wants to be accurate, yet also as compassionate as possible.

It is a grave error to loose a restriction that the Lord has bound. It is also wrong to bind a law that God has not bound (cf. Mt. 16:18-19; 18:18).

Out of a zeal for truth, however, some have overlooked certain biblical principles that pertain to the divorce-remarriage controversy. In doing so, they have denied the liberty of remarriage to devout individuals who very well may have the right to enter a new family relationship.

There are well-intentioned Christians, zealous for the law of God, who have failed to grasp the concept that civil law is always subservient to divine law.

It is not that folks openly advocate the idea that civil law is supreme. However, such is the logical consequence of certain ideas held by some in the church as they attempt to apply Christ’s marriage law to the more complex divorce situations they encounter.

In view of this, could we reflect on the following?

Principles To Be Recognized

First, it is essential to emphasize that civil law is a form of human law. Civil laws are, of course, necessary for maintaining order in society. When they are consistent with divine truth, they have the backing of God, and the Christian must submit to these ordinances (Rom. 13:1ff).

On the other hand, it must be acknowledged that human-devised laws can be whimsical and arbitrary. Often, they stand in arrogant contradiction to the higher constitution of God.

Accordingly, the servant of Christ is obligated to the “ordinance of man” (1 Pet. 2:13) only insofar as it aligns with the revealed will of the Creator (cf. Acts 4:19; 5:29). Consider the following.

Civil authority may not legitimize that which is morally wrong (e.g., the abortion of an unborn child or the practice of a “same-sex marriage”). Laws implementing these evils may be passed in human legal systems, but they will have no divine authority, and Christians must not seek their sanctions or give them credence.

Human law cannot require the child of God to do what is morally or religiously wrong. Early Christians who were commanded to worship Caesar refused, even if it meant imprisonment or the forfeiture of their lives.

Civil rulers may not prohibit that which is right. If a country were to outlaw the rite of water baptism as a means of securing pardon and entrance into the body of Christ (cf. Acts 2:38; 1 Cor. 12:13), faithful children of God would disregard such an ordinance and continue to immerse those who desire to become Christians.

And why are these things so? Because divine law always supersedes the ordinances crafted by men.

Furthermore, it is worth noting that civil laws have varied from country to country and across different epochs of Christian history. But sacred law in the regime of Jesus Christ will be consistent, and it will remain stable. Our approach to the marriage situation must take into account this timeless truth.

The Application to Divorce and Remarriage

Some years ago the highly respected Guy N. Woods aptly noted that:

“[D]ivorce is a civil, legal action having nothing whatsoever to do with determining the moral and religious principles involved. It is the Lord’s edict, not man’s, that governs” (771).

This factor must be considered when analyzing divorce and remarriage cases. Consider some instances that illustrate the application of this truth.

Who rules, God or man?

Jesus Christ, by implication, authorizes a divorce and subsequent remarriage for an innocent spouse whose marriage covenant has been violated by his or her partner’s sexual infidelity (Mt. 5:32; 19:9).

Suppose, though, that the state does not allow a person to file for a divorce on the ground of fornication or adultery? What if the only “legal” cause is that ambiguous “irreconcilable differences”?

Is the victim helpless in such a situation? Must he or she remain single forever — just because the civil authorities refuse to acknowledge the God-given reason for the severance of a marriage?

Surely not. And why not? Because divine law cannot be negated by arbitrary human law.

Guilty party advantage?

Consider another scenario.

A wife discovers that her husband has been carrying on a prolonged adulterous relationship with another woman. She is devastated and begs him to stop. She offers to forgive him and pleads with him to restore the sanctity of their home. She tries to be patient, hoping he will regain his senses (cf. Lk. 15:17).

As she lingers, praying for reconciliation, he files for divorce (which he obtains) and secures his mistress as a new “spouse.”

What, then, is the plight of the betrayed wife? She may not obtain a “legal” divorce, as it has already been finalized. Is she utterly helpless, a pathetic victim of the circumstances of “civil law” — a law that cares nothing for sacred truth relative to the marriage relationship? Is she bound to remain single for the remainder of her life — just because he preceded her to the “courthouse” while she longed for his repentance?

Some would so argue. They allege that because he divorced her, rather than the reverse being the case, she has no option but to remain celibate. It is claimed that no divorced person is free to remarry.

The idea is flawed because it overlooks the principles outlined above. It does not take into consideration the “sum” of divine truth on this moral-legal issue (Psa. 119:160 ASV).

Here are the facts. The adulterous husband had no scriptural cause to file for divorce. He was the culprit — not his wife. The fact that the civil authorities processed his unscriptural petition means nothing at all. Human law cannot trump the law of God!

Moreover, the fact that the civil system would not now grant the wife the option of an “on paper” divorce because of her husband’s previous suit does not alter the fact that she had the biblically authorized right to dissolve her marriage. And, if she chooses, to remarry eventually.

Conclusion

It must be emphasized that marriage is a divine institution. The Creator of the human family ordained this relationship. He alone has the right to regulate it.

Civil authorities may attempt to revise, annul, or replace sacred law, but truth remains inviolate. The Scripture cannot be broken (Jn. 10:35).

Divorce and remarriage cases, therefore, must be judged upon the basis of the facts and the application of Heaven’s law. No other criteria will suffice.