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What Is the Impact of Religion on Divorce?
For many people, religion has a profound impact on every aspect of their lives, including their views on marriage, how to raise a family, and how to navigate the divorce process if the marriage does not last. While the divorce process can be complicated under the best of circumstances, it can become particularly complex when religion plays a significant role in the divorce.
Whether you and your spouse observe the same religion or have significantly different religious views, the legal consequences of a divorce may vary widely based on your beliefs and the traditions and customs surrounding spousal support, custody matters, and the division of property. If you and your spouse are getting a divorce, and you have questions or concerns about how religion will impact the outcome of your divorce, it is highly recommended that you contact a divorce lawyer.
Are Interfaith Marriages More Likely to End in Divorce?
Regardless of the denomination, religion is likely to have a role when deciding on divorce. According to the Pew Research Center, 57 percent of divorced or separated couples consider religion to be vital, and another 24 percent find it somewhat important, which means that religion has some impact on a significant percentage of divorces. While views towards divorce have changed dramatically over the years, and there is much less of a stigma associated with divorce, religion can certainly complicate matters.
However, interfaith marriages are much more common today than they used to be. Issues often arise if and when the couple decides to have children. Couples often have a difficult time deciding how to raise their children and whether they want the children to be brought up in a certain religion. This is particularly difficult if both spouses are devout in their religious views. For example, if one spouse is Catholic and the other is Jewish, their belief system may have fundamental differences that can make it very difficult to agree on how to raise the children, whether to send them to religious school and the holidays they will observe.
Does Religion Affect the Grounds for Divorce in New Jersey?
In New Jersey, divorce is a civil matter, and the courts do not consider religious grounds when granting a divorce. The state allows fault-based and no-fault grounds for divorce, such as irreconcilable differences or separation, regardless of religious beliefs.
Can Religious Beliefs Influence the Division of Assets in a Divorce?
While religious beliefs may influence how a couple wants to divide their assets, New Jersey courts follow equitable distribution laws, meaning assets are divided fairly but not equally. The court’s decisions are based on legal factors rather than religious principles.
How Does Religion Impact Child Custody Decisions in New Jersey?
New Jersey courts prioritize the child’s best interests when making custody decisions. While a parent’s religion may be considered if it affects the child’s well-being, the court will not favor one religion over another. Custody arrangements are based on the child’s best interests, not the parents’ religious beliefs.
Can a Religious Divorce be Recognized by New Jersey Courts?
A religious divorce, such as a Jewish “Get” or a Catholic annulment, is not recognized as a legal divorce in New Jersey. A couple must obtain a civil divorce through the state courts to legally end a marriage. Religious divorces are separate and do not replace the need for a civil divorce.
How Can Religious Beliefs Affect Spousal Support or Alimony in New Jersey?
Religious beliefs may influence a couple’s view on spousal support, but New Jersey courts determine alimony based on legal factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s financial situation. Religion does not directly impact the court’s decision on alimony.
Are There Religious Mediation Options Available During a Divorce in New Jersey?
Yes, couples in New Jersey may choose to participate in religious mediation or counseling as part of their divorce process. However, any agreements reached through religious mediation must still comply with state laws and be approved by the court to be legally binding.
Can Religion Affect the Divorce Timeline in New Jersey?
Religion itself does not affect the legal timeline for divorce in New Jersey. However, if a couple chooses to undergo religious counseling or mediation before proceeding with the civil divorce, it may extend the process. The court’s timeline remains governed by state law.
How Do New Jersey Courts Handle Religious Disputes in Divorce Cases?
When religious disputes arise in divorce cases, New Jersey courts remain neutral and do not take sides based on religious beliefs. The court’s focus is on legal rights and obligations, ensuring that any agreements or decisions comply with state laws, regardless of religious considerations.
The Somerville Divorce Lawyers at Lyons & Associates, P.C. Help Clients Navigate Complex Religious Issues During a Divorce
If you and your spouse have made the decision to get a divorce and there are complicated religious issues involved, contact the Somerville divorce lawyers at Lyons & Associates, P.C. To schedule a free, confidential consultation, call us today at 908-575-9777 or contact us online. Our offices are located in Somerville, Morristown, and Freehold, New Jersey, where we serve clients in Somerset, Woodbridge, Morristown, Parsippany, Rockaway, Short Hills, Chatham, Randolph, Madison, Morris Plains, and Monmouth County.