First, “Bible-believing” is not in “sneer quotes” but “attribution” quotes – that’s one very common term they use for themselves, which is why I used it here, to avoid the possible confusions from “fundamentalist,” “fundy,” or “evangelical,” other potential terms, or the very nebulous “conservative Christian.” I think some few of them go to the extreme that I’d condemn as “Bible-worshipping” (and I’ll ask Friar Ted, if he passes by, for a parallax view on that perception), but most simply hold the Bible as being “inspired” in a different sense than a Catholic or Anglican here would use the term – one which puts God in a near-author role, with the human writers simply His collaborators or takers-of-dictation.
Some, not all, of the “Bible-believing”/fundy/evangelical/conservative Christian contingent do appear to behave, IMO, in the manner Jesus condemned the Pharisees for, of using God’s law, not as a guide for their own lives, but as a way to judge others. Others of them try to hold themselves up to that high standard and take a variety of views towards the behavior of others, and them I have no beef with, for the most part.
You’re welcome to take my stance as “putting more speculation” into Scriptural interpretation, but I’d disagree. Certainly we put more interpretation into it – because we’re looking for the meaning, the spirit, the underlying message, not merely the rote application of text. There was a classic (possibly apocryphal) story of a lawyer charged with defending a man who had stolen $250. The lawyer pointed out that petty theft was defined as stealing less than $250, and grand theft as stealing more than $250. But there was no law making it illegal to steal exactly $250 – which his client had done. (The law was speedily changed, but he got his client off.) The reason I’m telling that is that most people would be amused but judge that that was not fair – the intent was to punish theft by degrees, not to make that exception. For example, Paul prohibits women from speaking in church. And the conservatives believe that’s God dictating a bit of social policy. But we look at the context, and see that in the Greek cities of Paul’s day, the people he was writing to, women were not as a rule educated in the liberal arts or philosophy, the things they would need to be effective teachers and preachers. So the conclusion is not that it’s inherent in a woman not to be a clergyman, but rather that the women of Paul’s day did not have the training needed to do the job. Hence that’s an instruction specific to the area, just as Paul is careful to counsel the Corinthian women not to allow their freedom as Christians to induce them to dress in ways where they might be mistaken for prostitutes or wanton women. He’s not saying women in Singapore or Los Angeles cannot wear sheath dresses or let their hair down today – he’s saying it’s a bad move for 1st Century women in the port city of Corinth to do so. Likewise the prohibition on women teaching is specific to the time and places he applied it to.
Now, bottom line: 1) I’m as opposed to a theocracy as you or Der Trihs are, if not more so – I’ve seen what those guys can rationalize themselves into thinking. But if it ever became incumbent on me for some reason to have to render judgment on a divorce, just to play along with your hypothetical, I’d need to look at the specific circumstances. My job is to love God with all of myself, and to love my fellow man as I do myself, to do unto him or her as I would want done unto me, in like circumstances. It wouldn’t just be abusive relationships – that’s the good extreme example. But it wouldn’t be just because someone made promises while hot for someone else and the spark has died off now. I’d try to do right by them (and by the kids in the marriage) in looking at God’s primary, top-level commandments and how they apply to the situation I’ve been asked to judge. (For your information, this hits very close to home: a couple I’ve been fond of for years has recently split, the kids are upset about it, and I’m the sympathetic ear for all of them. And quite frankly I don’t have a ghost of an idea what I need to say and do – except my first job is to listen, to hear their hurts. If I’m to say or do anything to foster reconciliation or, so to speak, “bless the split,” I won’t know what’s right until I know what’s going on in their hearts.)
I hasten to add that I don’t ever expect to be in the situation of being a divorce judge, other than the very special situation with that close-friends family. But since you asked my opinion, I answered, working with your hypothetical. But it’s kind of like an IMHO, “What would happen if George Bush and Bill Clinton went at each other with Crusader shields and katanas in a steel-cage match?” not a reality-based situation.