543 P.2d 1401 (Okla. 1975)
The wife asserted that both parties professed beliefs that adultery constituted the only scriptural grounds for divorce, and that neither had committed adultery.1
The husband sought a divorce from the district court on the ground of incompatibility.2 The district court granted the divorce to the husband.3
The wife appealed to the Supreme Court of Oklahoma, arguing that the district court lacked authority to grant the divorce because it conflicted with the parties' religious vows and the authority of God, the Bible, and Jesus Christ.4 The appeal came to the court as a case of first impression with no prior precedent on the issue.5
The Supreme Court examined the pleadings, record, and transcript from the trial court proceedings to assess the basis for the divorce decree.6
Whether the district court has the authority to grant a divorce on the grounds of incompatibility when the appellant wife contends that such action contravenes the religious oaths and vows taken by the parties?7
Divorce is wholly a creature of statute with absolute power to prescribe conditions relative thereto being vested in the State.8 Neither the Constitution of the United States, nor the State of Oklahoma, prohibits the legislature from specifying upon what grounds, if any, divorces are to be granted.9 The State has a constitutional right to declare and maintain a policy in regard to marriage and divorce as to persons domiciled within its borders.10 The statutory grounds of divorce are exclusive, and the courts have authority in this field to do only that which is prescribed by the legislature.11 A matrimonial ceremony may have two resulting aspects: (1) A civil contract between the parties granted by law.12 (2) An ecclesiastical obligation imposed by God as interpreted by the beliefs and conscience of the parties.13
Yes. The established facts demonstrate that the district court possessed full authority to grant the divorce on the ground of incompatibility.14 The facts establish that the husband sought and obtained a divorce on incompatibility after the district court considered the evidence, and the Supreme Court later confirmed that the decree was supported by the weight of the evidence in the pleadings, record, and transcript with no abuse of discretion.15 The wife's religious contentions pertain solely to the ecclesiastical aspect of the marriage, which the court did not address or dissolve, leaving her free to maintain her beliefs regarding the continuing validity of the religious vows.16
The civil contract of marriage is regulated exclusively by statute under Title 43 O.S.1971 § 1, and the constitutional separation of church and state prevents any judicial enforcement of ecclesiastical obligations.17
The district court has the authority to grant a divorce on the grounds of incompatibility notwithstanding the appellant wife's religious objections.18