When your marriage comes to an end, much of the focus is on the legal side of the process, the civil divorce that goes through the state courts. But for many couples, it’s equally important (if not more so) to arrange for a religious divorce that’s administered by their clergy or faith community. While the two may share the same name, their processes serve completely different purposes. Let’s take a closer look.
A civil divorce is one that’s recognized by the government. It’s the official way to end a marriage in the eyes of the law, and without it, you’re still legally married—even if you’ve separated or gone through a religious process. A civil divorce settles practical issues about who gets what property, whether one spouse pays support to the other and how much, how custody and parenting time will be arranged, and how child support is to be handled.
Marriage is a legal contract that requires getting a license that signifies sanction by the government. Only a court has the authority to break the contract, and it isn’t until a judge issues the final divorce decree that both members of the couple are legally free to remarry. The decree also makes any agreements about property, support, or custody enforceable by law. Without this step, important protections don’t exist.
Still, a religious divorce may be important to you and your faith community, even without having legal bearing. Different religions handle divorce in different ways. For example, in Judaism, a husband must give his wife a document called a get for the divorce to count religiously. In Catholicism, an annulment may be required before a person can remarry in the church. In Islam, religious leaders may oversee the process to ensure it follows faith traditions.
While a religious divorce can be deeply meaningful, it doesn’t free you from the legal responsibilities of marriage. If you only go through a religious divorce, you’re still legally married under state law, which means property rights, debts, and custody issues remain unresolved, and the government will continue to view you as a legal couple.
A religious divorce does not replace a civil divorce. If you belong to a faith community that has restrictions and rules surrounding divorce, you may need both, but you will definitely need a civil divorce to take care of the legal and financial side of ending your marriage.
Misunderstandings about the legal legitimacy of a religious divorce can lead to long-term problems, so religious individuals need to handle both sides to fully move forward in every aspect of their lives. For more information, contact our experienced civil divorce attorneys today.