Understanding Marriage in the LDS Church: A Legal Contract Perspective

Is marriage considered a legal contract in the Church of Jesus Christ of Latter-day Saints (LDS Church)? This article explores the legal nature of marriage within the LDS Church and discusses the requirements for a legal marriage and the process of divorce.

The Legal Nature of Marriage

Legally, marriage is always a contract between two spouses. In the United States, for a marriage to be legally recognized, both parties must appear before a civil authority, obtain a marriage license, and complete the marriage ceremony. This policy applies to members of the LDS Church as well.

Divorce in the LDS Church

If a marriage in the LDS Church fails and the couple wishes to end it legally, this process is referred to as a divorce. However, the LDS Church does not take a stance on divorce; instead, it follows the laws of the country in which it operates. The Church officers do not perform marriages without a license, and they have no say in the decision to divorce, which is a legal matter.

Marriage as a Legal Contract

In the United States, marriage is recognized as a legal contract. It is not merely a religious ceremony but a formal commitment under the law. While a religious blessing or wedding ceremony is an important part of the couple's tradition and faith, it is distinct from the legal aspects of marriage. A marriage without a legal license is not legally recognized.

The Role of the LDS Church

The LDS Church recognizes the authority of its ordained leaders to perform marriages within the church. However, these marriages must be conducted with a valid marriage license. If the couple wishes to divorce, they must follow legal procedures, as the church has no influence over civil laws.

Plural Marriage and Legal Marriages

It is important to note that the LDS Church no longer practices plural marriage. For legalization, a marriage must be performed by authorized officials and certified with a marriage license. The FLDS (Fundamentalist Church of Jesus Christ of Latter-Day Saints) continues to practice plural marriage, which is not recognized by law.

Legal Requirements for Marriage

To be considered legally married, the officiant, bride, groom, and witnesses must sign a marriage certificate. This certificate must be filed with the court house to become legally binding. While the signatures may make the marriage appear valid, it is not legally binding until the certificate is filed in the appropriate jurisdiction. For a divorce, a copy of the marriage certificate from the court house in the county where the marriage took place is required.

Conclusion

Marriage in the LDS Church, while deeply rooted in the cultural and religious traditions of the community, is ultimately a legal contract that must be adhered to according to the laws of the country in which it takes place. The LDS Church respects the legal framework in which it operates and ensures that its practices are fully integrated with the legal requirements for marriage and divorce.