If a person discovers the faith after they're married, it doesn't seem that they should be punished because their spouse refuses to convert. What if the couple wasn't even Christian, then one converted? Are they supposed to get a divorce? Also, what if it wasn't a justice of the peace, but a Protestant or Catholic wedding?
There must be precendents from the lives of Saints. Maybe in the early church?
I would remember this sentence from Saint Peter
1 Peter 3
1Likewise, ye wives, be in subjection to your own husbands, that if any obey not the Word, they also may be won without the word by the conduct of their wives
According to what I understand, Orthodox can only marry at the City Hall. This is enough not be considered as FORNICATORS. The Orthodox marriage is a mystery : like all mysteries, it bestows Grace and give the Divine energy to lead a Christian life within the marriage. By the way, we must remember that the aim of marriage in Orthodox theology does not consist in not being a fornicator but in being saved because the wife and the husband help one another... That is why marriage is often compared with monasticism...
According to what I could see in a Traditionnalist jurisdiction, civilly married couples commune even if they never married in church... I prefer a faithful civilly married couple than a religiously-married couple where the husband cheats his wife...
It is true that already baptized orthodox should not marry heterodx people.
Priidite, poklonimsja i pripadem ko Hristu.
