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Divorce
Divorce

  Does Bible Believing Attorney handle divorce cases?  Why or why not?

 

ANSWER: We do not handle divorce matters, without Biblical grounds, as a normal kind of matter.  

 

REASONS: The main reason is that the Bible says, God hates “putting away” of your spouse. But, you may respond, Moses allowed men to write a bill of divorcement in Deuteronomy 24. Ah, yes, but why?  In the New Testament the question was asked of Jesus in Matthew, Chapter 19, just after He had stated that the only cause for divorce was sexual sin: adultery, a form of fornication [fn1]. Jesus said it was for their rebellious nature that Moses allowed them to write their wife a bill of divorcement, but God intended marriage to be between one man (Adam) and one woman (Eve). Marriage was to last a lifetime.

 

 In contrast the Michigan civil authorities have made divorce very easy. The courts may dissolve a marriage, if “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” They have made it a law also to keep the shame of adultery and other sin from the court papers, stating in Michigan Compiled Laws 552.6 (1)  “... In the complaint plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language.”    

 

We believe in the wisdom of God. God knows what you need and whenever a person comes to us about a divorce our first approach is counseling and prayer with them. Although we do not bring up the subject, if there are not Biblical grounds for divorce, we will counsel against divorce. We point out that all women and all men come equipped the same and God intended for there to be one man and one woman together forever.

 

So we do not generally handle divorce matters. We do however become involved in custody disputes. We do handle the defense against divorce. And we do handle cases of clear unrepentant, continuing adultery.

 

 We hope one day to have a millionaire come to us and tell us that he is willing to take the matter of No Fault divorce up to the Supreme Court. We would enjoy the opportunity for arguing the constitutionality of the marriage relationship not being easily broken and the necessity for grounds for divorce. According to the Bible grounds are adultery and to some limited extent desertion. Yet, divorce was never intended by God. Husbands are to love their wives as Christ loved the church (see Romans 5:8) And wives are to obey their (loving) husband. That is the Word of God.   

 

Domestic Violence

 

Frequently asked questions: But what about Domestic Violence? Does Bible Believing Attorney handle cases for domestic violence?  Isn’t that wrong?

 

ANSWER: We will assist a person suffering from domestic violence, but without Bible grounds we do not file divorce actions.

 

REASONS: Domestic violence is wrong Biblically and has been for thousands of years, now in the past 25 years it is wrong, according to the state.

 

Domestic violence by a man against his wife was never intended by God.

 

 First all women are creations of God. Not just Eve, but every woman. And as Eve was created as a Gift of God to complete Adam and be his help meet, so is every woman created to be a Gift of God to some man who (although many will not admit it) that man needs that particular woman whom God created for the man. She is a priceless gift from God. God never intended her to suffer violence. And so when you sin against or become violent against her, you are messing with God’s special creation, God’s gift, God’s daughter. And we assume you are talking about the situation where a man is beating or otherwise abusing his wife through his violent acts. Although I have been involved in two situations where the man was being hit, struck, beaten and otherwise abused.

 

We also find that God does not like violence. He banished one brother from the rest of his family because of a murder he had committed (Genesis 4).  Later God saw violence as a greater problem on Earth and HE took action. The Bible says in Genesis 6. The earth also was corrupt before God, and the earth was filled with violence.    ...    And God said unto Noah, The end of all flesh is come before Me; for the earth is filled with violence through them; and, behold, I will destroy them with the earth. -Genesis 6:11-13.  ~At some point God will judge violence and HE is against violence. As Psalms 11:5 states:  The LORD trieth the righteous: but the wicked and him that loveth violence His soul hateth. ~ Psalms 72:14   HE shall redeem their soul from deceit and violence: and precious shall their blood be in His sight.

 

 Jesus said:  Do violence to no man,...Luke 3:14

 

 So how do the Courts of Michigan handle this situation where a woman has a husband who is being from time to time violent?

 1)  There is a Personal Protection Order for Domestic violence which can be applied for at the County Clerk’s office.  

2)  There is an action for Separate Maintenance to get a spouse the support and maintenance needed?

 

Separate Maintenance

 

Frequently asked questions: How can a Christian spouse get the support needed without going through a divorce?

 

ANSWER:   An action for Separate Maintenance can be filed. This does not seek the dissolution of the marriage relationship.

 

REASONS:  Separate Maintenance:  Although Michigan favors divorce for any reason, that cannot be the position of a Christian. The Michigan Compiled Laws Section 552.7 allow an Action for separate maintenance. Sec. 7 (1) states: ~ (1) An action for separate maintenance may be filed in the circuit court in the same manner and on the same grounds as an action for divorce. In the complaint the plaintiff shall make no other explanation of the grounds for separate maintenance than by use of the statutory language. ~  (2) The defendant, by answer, may either admit the grounds for separate maintenance alleged or deny them without further explanation. An admission by the defendant of the grounds for separate maintenance may be considered by the court but is not binding on the court's determination. The defendant may also file a counterclaim for divorce. ~  (4) If evidence is presented in open court that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved, the court shall enter: ~  (a) A judgment of separate maintenance if a counterclaim for divorce has not been filed. ~  (b) A judgment dissolving the bonds of matrimony if a counterclaim for divorce has been filed.

 

So long as a person is under a Separate Maintenance situation, they are not free to remarry. Jesus said: Whosoever shall put away his wife, except [it be] for fornication, and shall marry another, committeth adultery: and whoso marrieth her which is put away doth commit adultery. Matthew 19:9.  Also sexual sin, outside of marriage can be forgiven, but is not to be indulged in with that fact in mind.  God knows your thoughts and the intent of your heart. But, without Biblical grounds a wife or husband is not to divorce.

 

Are Annulments Available in Michigan?

 

Frequently asked questions: When can a person file for an annulment?

 

ANSWER: Yes. But, there must be proof of specific grounds, such as fraud or inability of party to legally marry because of age, health, relationship.

 

Below are liste the only grounds for an Annulment in Michigan?

 

INCAPACITY DUE TO AGE:  One of the parties was under age the age of 16 when they married.  MCL 551.51  One of the parties was under the age of 18 without permission of parent or guardian when they married. MCL 551.103 & MCL 552.34

 

PROHIBITIVELY RELATED:  The parties are too closely related or the same sex. MCL 551.3 & MCL 551.4

 

SAME SEX: Persons are the same sex cannot marry in Michigan. MCL 551.272, MCL 551.3 & MCL 551.4

 

BIGAMY:  One of the parties was already married to someone else when you married. MCL 551.5 & MCL 552.1

 

INCAPACITY DUE TO A MENTAL CONDITION: One party was legally incapable of entering into a contract when they married.  MCL 552.1 & MCL 552.36

 

PHYSICAL INCAPACITY:  One of the parties is unable to have children, discovered after the marriage, and must be brought within two years of the marriage. MCL 552.39

 

CONSENT OBTAINED UNDER DURESS:  One of the parties was forced into the marriage when they married.

 

CONSENT OBTAINED BY FRAUD IN THE CONTRACT OF THE MARRIAGE: One of the parties knowingly failed to disclose that he/she could not have children; One of parties concealed a criminal record of a crime of moral turpitude; One of the parties entered into the marriage with the intention to commit immigration fraud; One of the parties did not know they were actually marrying at the time of the marriage.

 

CONCEALED INTENT:  One of the parties concealed that they never intended to have sexual intercourse, a drug addiction, very bad criminal record, have a sexually transmitted disease.  One of the parties refuses to consummate the marriage. One of the parties entered into the marriage as a joke.

 

IMPROPER CEREMONY:  The person who preformed the ceremony lacked legal authority to perform marriages.

 

OTHER REASONS: Other reasons that have to do with the ability of a party to freely consent to the marriage, foreign law violations and other reasons that have to do with the validity of the marriage.

 

   Prisoners sentenced to a term of life imprisonment may not marry.

Frequently Asked Questions

About Marriage Dissolution:

1) The Pharisees also came unto him, tempting him, and saying unto him, Is it lawful for a man to put away his wife for every cause?  And he answered and said unto them, Have ye not read, that he which made [them] at the beginning made them male and female,   And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh?    Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.   They say unto him, Why did Moses then command to give a writing of divorcement, and to put her away?    He saith unto them, Moses because of the hardness of your hearts suffered you to put away your wives: but from the beginning it was not so.   And I say unto you, Whosoever shall put away his wife, except [it be] for fornication, and shall marry another, committeth adultery: and whoso marrieth her which is put away doth commit adultery. Matthew 19:3-9 >Back<