ZDK Ministry of Government - Divine Law Library

THE LAWS OF GOD - #7.D.4

Tolerands Supplemental -DIVORCE AND MARITAL DISSOLUTION

7. THOU (you) SHALL NOT COMMIT ADULTERY

.A SPECIFIC ADULTERY - Wife Defilement

.B General Adultery: MOSAIC TABOOS

SCRIPTURAL PERVERSIONS and Sex Crimes (PG)

.C TOLERANDS (PG-13)

7.D.3 TOLERANDS - DANCE AND RYTHMIC MOVEMENT

7.D.4 Tolerands - DIVORCE AND MARITAL DISSOLUTION

Consequently, the Modern Pharisees of the Religious Establishment try to claim that there is no divorce in God's Kingdom--and to make people suffer through intolerable marital conditions. On the other hand, the Modern Saducees listen too much to the wicked of the world and think that divorce should be given for any little thing (to the destablizing of the Family). So, wisdom suggests that there should be a middle road. And, indeed, the Holy Scriptures make clear provisions for divorce, as God, HIMSELF, may break a marriage bond, if the just cause(s) that should allow it does occur. So, what are the causes or situations where God would break the wedlock (and destroy the couple's one-fleshed-ness)?

...a TOLERATED (Divorce Grounds):

1. PERVERSION (Adultery):
   the continued participation of either the man or the woman in any of the Mosaic Taboos (which also excludes from fellowhship) is justifiable grounds for divorce--but most especially the defilement of the wife or specific adultery (Matthew 5:31-32; Mark 10:12; Romans 7:2-3)--for then, their one-fleshed-ness is most clearly broken.
2. DISFIGUREMENT (Violent Abuse):
   the loss of limb or member, OR the serious threat of loss of life, OR repeated violent injury (poisoning?) indicating the potential for the same, is more than justifiable grounds for divorce (Exodus 21:26-27; Proverbs 25:24; Malachi 2:14-16).
3. APOSTACY (Idolatry):
   the forsaking of the Faith under which the couple was united (Apostacy) OR the taking up of Idolatry or Pagan Practices (strange women), is more than grounds for divorce (I Kings 11:1-2; Ezra 10:2-3; Jeremiah 3:8-9).
4. ABANDONMENT:
   ceasing joint-cohabitation or leaving their home without regard to a return, or directions to occupy until the travellor gets back (I Corinthians 7:15-16). For desertion, see Alimony, below.
5. BREACH OF SERVICE:
   failure on the part of either spouse to maintain the terms of their Marriage Agreement or Ketubah (Exodus 21:10-11; Isaiah 4:1). Usually, for the husband to fail to provide for the basic necessities of life for his wife--food, clothing-shelter, and duty of marriage (the chance to get pregnant)--unless stated otherwise in their Ketubah or Marriage Agreement. (NOTE: it is to be assumed that ill health or disability negates this duty of the husband--and rather places it on the wife to help him in his handicap: as the vow normally is in sickness and in health-for richer, for poorer!)
6. REBELLION:
   the open and flagrant (or repeated) disobedience of the wife is sufficient grounds for the husband to divorce her (Genesis 3:16; Esther 1:15-19).

...b NOT ALLOWED (Requirements):

1. GROUNDLESS:
   if no just cause can be shown (see list above), to provide grounds for the divorce (Deuteronomy 24:1; Matthew 5:32)--thus not to be granted for any trivial excuse (Matthew 19:3-6).
2. GRIEVANCES:
   if the proper grievance proceedure has not been used in an attempt to settle the marital dispute (Matthew 18:15-17).
3. SEPARATION:
   if a cooling off period or temporary separation has not been pursued--for at least 7 weeks (I Corinthians 7:5, 10-11).
4. RECORDS:
   if the proper papers or documents have not been presented to the Congregational Court for filing with the appropriate authorities (Deuteronomy 24:1-2; Romans 7:2-3)--a copy of which is to go to the spouse.

...c DIVORCE DISPERSEMENT AND DISTRIBUTION (Judgements):
the marital assets of the couple need to be provided for in the Records (above) so as to clearly set forth who gets what. (And from the Plague of Divorce besetting America today, some wisdom has been gleened.) Thus the following rules for Our Realm:

1. PROPERTY DIVISION:
   Forfeiture property goes to the one deserving of it--the Bride gets the Bride-Price if the husband is held guilty and the husband gets the Dowry if the wife is judged guilty.

   After that (or lacking that), named property goes to the individual whose name is on the item.

   Next, joint property or that which has both names on it (thus it was acquired together) is to be equally divided, and sold if need be, to give each their equal share. (EXCEPTION--see Desertion under Alimony, below.)

   Then, personal property or individual effects are to go with the person who used them the most or who they were commonly held to belong to (or be most likely associated with).

2. DEBT:
   if there is any joint debt (bills in both names), then they are both to pay equally for it to be removed. Whereas debts in their own name are the responsiblity of the one who owes it.
3. INHERITANCE:
   Upon divorce, neither spouse has any rights to the other's inheritance--and this includes Noble Title, or Priviledge, or Family Lands. Moreover, inheritance is generally to be assumed to go to the person of descent who receives it from their Family, with it not belonging to the other spouse (unless provisions has been made in the Marriage Agreement or Ketubah for it distribution through the marriage).
4. CHILD CUSTODY--FATHERS FIRST:
   As the children of the couple are one of that Family's main assests, their distribution must be provided for by God's Law. According to the Holy Scriptures, as a man's children are his own personal property (up until he dies), for they come from his own loins (Genesis 46:26; Exodus 1:5; II Chronicles 6:9; Hebrews 7:5, 9-10) and are thus recorded in Patrilineal descent in the Bible (Genesis 5:3-29, 10:1-31, 11:10-27; Matthew 1:1-17), the choice to have the couple's children MUST be given to their father FIRST. If he does not want them, then they may be given to the mother. If she does not want them then the grandparents, in turn (by priority--father's side first), may be allowed to chose to have them. If no family comes forth for them, then they may be awarded to the Realm and suitable adoptive parents provided.

   (Previous children are to go with the spouse who brought them into the marriage and had prior custody of them.)

   (NOTE: For more on Our Realm's FATHER'S FIRST PRIORITY, see the Articles in the MEN ISSUES Section of Our Web Site.)

   Disputes to this normal pattern of custody are to be brought before the Congregational Court, and the preponderance of evidence MUST be provided that the father (or custodian) is either completely incapable or totally unfit to be the father of the children, before any change in this set pattern of custody can be made (I Kings 3:16-27).

   JOINT CUSTODY:
   upon occassion, Our Court may accept agreements of joint-custody, where the time with the children is roughly divided equally between the spouses (such as DIVIDE THE CHILD rule: where the years remaining of the child's minority are divided in half, with the wife getting the earlier years and the husband getting the later years). Moreover, in such a case, neither side will pay child support to the other, as both will share that burden in their turn! (Unless, of course, one parent does not keep up their part of this agreement.)

5. VISITATION:
   The non-custodian parent has the right to chose to visit the children or not--or to have them come for short stays and to visit their relatives. If this parent does not opt for visitation, then the grandparents may request their rights to it. (Normal visitation is for every other weekend AND every other holiday or vacation--thus sharing the children between their parents.)
6. CHILD SUPPORT:
   The parent taking custody of the children also assumes the responsibility to financially care for and provide for the children. If the non-custodian parent wishes visitation, then it is also expected that they contribute to the provisions for the children--a tithe of their income (10-15%), until the child reaches maturity (Age 20).
7. ALIMONY (Spousal Support):
   Upon divorce, each spouse becomes financially responsible for their own support--EXCEPT,

   a) if a man should completely desert the wife of his youth (or she, him) for another (Exodus 21:10), see also Abandonment above, he (she) is obligated to see to it that her (his) normal living does not diminish or declines as little as is reasonably possible (this will terminate upon her re-marriage);
   b) OR one spouse should be incapicitated and unable to earn a living, in which case a tithe (10-15%) of the other spouse's income should be set to help sustain the disabled.

...d JURISDICTION:
The Laws of these documents, here, are for Our Future Realm, out among the Stars.

But, for those who are merely members of Our Religious Society, and under other governments (and subject to secular authorities), need to agree to have their divorce handled by Our Congregational Courts FIRST, before the matters are turned over to the secular governmental authorities for finalization (I Corinthians 6:1-5)--or have it so recorded in their Marriage Agreement or Ketubah (at the beginning of the marriage).

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