My question is - is he right about him being able to remarry since I filed and left him.
I am so sorry to hear what you have had to go through. It seems you were abandoned within the marriage and driven from your home through abuse and neglect.
You were of course within your rights to separate and what I am going to say next isn’t to condemn you for your decisions whatsoever.
1 COR 7 V 15
But if the husband or wife who isn’t a believer insists on leaving, let them go. In such cases the believing husband or wife is no longer bound to the other, for God has called you to live in peace. (This abandonment can happen in many ways as I think you well know, the principle is the same and it isn’t always the one who physically leaves who has abandoned their spouse first. )
I will try to explain (according to my limited understanding anyway) the legal workings of divorce and remarriage in scripture, to help answer your question. I focus on the man being the initiator here as that is really all we have to go on in the word.
Please read the first portion of Deut 24 as what Jesus says is based this.
Points to be noted : IF al bill is given, she is FREE TO MARRY AGAIN BY LAW.
If she does remarry, she once again has one legally recognised husband .
In jOHN 4 The woman at the well said, "
I have no husband." Jesus said to her, "
You are right in saying, 'I have no husband'; for
you have had five husbands, …
What you have said is true!"
Despite her previous 5 marriages, Jesus told her she was right. She currently had NO husband. After death or legal divorce you have no spouse until you remarry.
No rebuke or warning was given here at the well. (Such as go and sin no more etc.) Why is that? Had all her husbands died.... unlikely. Had they divorced her, and was she now perhaps engaged or living with someone as a maid or servant? Probably. Whatever, she at that time had NO husband according to JESUS.
Matt 1 (especially v 19 - reference to divorce of engaged couples (not married)
Matt 5 root words basically translate to fornication - not adultery
and kick out/get rid of/put away - not as in to legally divorce.
Who ever puts away or basically illegally kicks out his wife, causes her or to commit adultery.
Whoever marries an illegally separated woman (obviously) commits adultery .... BECAUSE she still has the first husband.
It is commensense when you think about it - same rules apply today.
Mal 2 refers to treacherous men hiding their violence and 'putting away' - or kicking out - their wife.
It does not appear to be covering matters of legitimate divorce but rather a wicked practice of covering up abuse and abandonment.
Other points to consider
History and scripture show us -
A jewish engagement was almost as binding as a marriage.
The engaged couple were classed as husband and wife, though in name only, not physically.
A man could only break this contract, if he thought the woman had committed fornication. This situation is what Jesus spoke about. (Matt 1 and Matt 5 etc)
If a woman committed adultery, divorce was a rarely taken option. God had made provision, in LAW, to free the spouse to remarry - IE. the ones caught together in adultery are to be stoned to death.
BUT
The law also said if a man wants to cut off his wife, he MUST give her a legally binding bill of divorce. This protected her from the above mentioned accusation of being an adulteress if she found another man later on.
If she leaves without the bill of divorce, he is still legally her husband, with rights over her and responsibilities for her. He will technically be causing her become an adulterer if she finds another man, but the blame is his according to Jesus.
Moses commanded men to give a bill of divorce - to put it in her hand themselves - so no mistake can be made of who ended it! He knew they had hard hearts.
(Isaiah 50 - God uses this principle of the legally binding divorce bill Himself, when challenging Israel's unfaithful idolatry and spiritual adultery.
Thus saith the LORD, Where is the bill of your mother's divorcement, whom I have put away?
In other words, (I never filed for a divorce! What is she doing running off and joining herself to these other gods?)
He HATES divorce, but that doesn't mean He will not do it.
Her 3
8 And I saw, when for all the causes whereby backsliding Israel committed adultery I had put her away, and given her a bill of divorce;…
So, when a husband puts his wife away legally, (BILL OF DIVORCE) he is NO LONGER HER HUSBAND BY LAW.
Divorce by LAW nullifies the husband & wife contract. SHE HAS NO HUSBAND FROM THAT MOMENT. HE CANNOT CLAIM SHE IS HIS WIFE. SHE LIKEWISE CANNOT HOLD HIM TO ANYTHING FROM THAT MOMENT ON.
IF THERE WAS NO LEGITIMATE CAUSE, he has been unfaithful, not her. He defiles her by divorcing her. In giving her that paper, he basically told her she is dead to him. (And who of Israel can touch a dead body and not be defiled?)
Her remarriage is not classed as a sin nor an abomination. That doesn't pollute the land.
However - it is him thinking he can treat her as a dead woman, but then want to take her back when she has moved on, that is an abomination. He certainly cannot have her back if he deserted her or remained unrepentant for so long that she remarried. That is it. Game over - for want of a better phrase. (Duet 24)
Scripture says - a wife is bound to her husband BY LAW as long as he lives.
BUT - If he is no longer her husband BY LAW that is no longer applicable.
If she remarries, she is once again bound to a husband according to the LAW.
And vice versa.
So -
You are legally divorced and have no active covenant, no legal or biblical claim on one another, unless you both choose to remarry one another before either one remarries someone else.
You are both currently free to remarry someone else, because you are legally divorced, regardless of who initiated it.
My views have altered several times over the years on this topic, as I delve further and further into the word, and I am sure many here will disagree on my response to you. I would have at one time too. But, we can all only offer our understanding and ultimately leave you to make up your own mind according to the scriptures.
The Lord bless you and bring you healing and peace x