Does a spouse need the support of a priest to divorce?

[rcwitness]

Does one spouse need the support and spiritual guidance of their priest in order to pursue a civil divorce?

 

[Oneofthewomen]

Does one spouse need the support and spiritual guidance of their priest in order to pursue a civil divorce?

In a word, NO. That said, I feel that there is much more to your question.

Are you asking if it’s a good thing to have the support of one’s spiritual advisor before making such a drastic decision, then yes, it is good to have the support.

If you are asking if that support is required, the answer is no.

 

[rcwitness]

In a word, NO. That said, I feel that there is much more to your question.

Are you asking if it’s a good thing to have the support of one’s spiritual advisor before making such a drastic decision, then yes, it is good to have the support.

If you are asking if that support is required, the answer is no.

Thank you. That is what I’m asking. It seems divorce is a sin, but sometimes it’s ok. So how does one know if they are in good standing with the Church by pursuing/filing divorce?

 

[Tarpeian_Rock]

Thank you. That is what I’m asking. It seems divorce is a sin, but sometimes it’s ok. So how does one know if they are in good standing with the Church by pursuing/filing divorce?

Divorce per se is not a sin. The Church actually requires a civil divorce before one can begin the annulment process. Remarrying outside the Church after a civil divorce is a different matter. Divorce can be a needed step to protect the safety and legal rights of an abused spouse and threatened children.

 

[Oneofthewomen]

Divorce per se is not a sin. The Church actually requires a civil divorce before one can begin the annulment process. Remarrying outside the Church after a civil divorce is a different matter. Divorce can be a needed step to protect the safety and legal rights of an abused spouse and threatened children.

This! ^^^^^

And divorce is not a sin. It is never the ideal, but sometimes it is necessary.

 

[DignumEtJustum]

A civil divorce is not recognized by the Church and, lest it be under the most harsh of circumstances, I don’t know any priests who would recommend one.

 

[OraLabora]

Divorce per se is not a sin. The Church actually requires a civil divorce before one can begin the annulment process. Remarrying outside the Church after a civil divorce is a different matter. Divorce can be a needed step to protect the safety and legal rights of an abused spouse and threatened children.

I’m pretty sure that divorce is a sin, but the degree of culpability may not be mortal if the person in question is not the one causing the divorce:

2384 Divorce is a grave offense against the natural law. It claims to break the contract, to which the spouses freely consented, to live with each other till death. Divorce does injury to the covenant of salvation, of which sacramental marriage is the sign. Contracting a new union, even if it is recognized by civil law, adds to the gravity of the rupture: the remarried spouse is then in a situation of public and permanent adultery:

If a husband, separated from his wife, approaches another woman, he is an adulterer because he makes that woman commit adultery, and the woman who lives with him is an adulteress, because she has drawn another’s husband to herself.

2385 **Divorce is immoral ** also because it introduces disorder into the family and into society. This disorder brings grave harm to the deserted spouse, to children traumatized by the separation of their parents and often torn between them, and because of its contagious effect which makes it truly a plague on society.

2386 It can happen that one of the spouses is the innocent victim of a divorce decreed by civil law; this spouse therefore has not contravened the moral law. There is a considerable difference between a spouse who has sincerely tried to be faithful to the sacrament of marriage and is unjustly abandoned, and one who through his own grave fault destroys a canonically valid marriage.

However even if the person is the cause or instigator of the divorce, one can still confess and receive absolution, provided that one resolves to lead a chaste life after the divorce.

There are also cases where civil divorce is the only recourse, and the Church recognizes this:

2383 The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by canon law.
If civil divorce remains the only possible way of ensuring certain legal rights, the care of the children, or the protection of inheritance, it can be tolerated and does not constitute a moral offense.

 

[1Lord1Faith]

I’m pretty sure that divorce is a sin, but the degree of culpability may not be mortal if the person in question is not the one causing the divorce:

However even if the person is the cause or instigator of the divorce, one can still confess and receive absolution, provided that one resolves to lead a chaste life after the divorce.

There are also cases where civil divorce is the only recourse, and the Church recognizes this:

Your post has me wondering about what you mean. As you have cited, CCC n.2383 says:

2383 The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by canon law.
If civil divorce remains the only possible way of ensuring certain legal rights, the care of the children, or the protection of inheritance, it can be tolerated and does not constitute a moral offense.

CCC n. 2383 is saying that it’s possible for a civil divorce not to be a sin for at least one of the spouses involved, no? Is there an obligatory sin inherent in civil divorce, presuming the marriage is found to be valid by a tribunal? Is it required for the other spouse to have sin fall on them? Is it possible for there to be no sin on the part of either spouse in a civil divorce of a marriage that is found to be valid?

 

[rcwitness]

Your post has me wondering about what you mean. As you have cited, CCC n.2383 says:

CCC n. 2383 is saying that it’s possible for a civil divorce not to be a sin for at least one of the spouses involved, no? Is there an obligatory sin inherent in civil divorce, presuming the marriage is found to be valid by a tribunal? Is it required for the other spouse to have sin fall on them? Is it possible for there to be no sin on the part of either spouse in a civil divorce of a marriage that is found to be valid?

I think this is why I ask if the person who pursues/files is obligated to seek the direction of a priest in order to proceed with a divorce. It can be a sin, but not necessarily.

And I believe that the tribunal will require a priests recommendation (perhaps with valid evidence) to proceed with a possible annulment.

So wouldn’t it be logical to conclude that support from a priest is warranted to go ahead with a divorce, since a divorce is necessary to proceed with an annulment?

Kinda confusing, but I believe it makes sense. I realize that a civil divorce can be justified because of safety and health.

 

[PaulfromIowa]

I would think that it should go without saying that a Catholic should consult his pastor about something as drastic as a marital separation and civil divorce.

 

[rcwitness]

I would think that it should go without saying that a Catholic should consult his pastor about something as drastic as a marital separation and civil divorce.

I agree. It seems awful not to.

 

[otjm]

CCC n. 2383 is saying that it’s possible for a civil divorce not to be a sin for at least one of the spouses involved, no?

That is correct.

Is there an obligatory sin inherent in civil divorce, presuming the marriage is found to be valid by a tribunal?

Tribunals do not find marriages valid, nor do they declare the marriage valid. The evidence befoe the tribunal is given to try to show tht there was a defect of consent, or an impediment. If the evidence does not show that, then the tribunal in essence says there is not proof of the defective consent or impediment. That means the Church continues to view the marriage as presumptively valid.

Is it required for the other spouse to have sin fall on them?

Din does not “fall” on anyone. Sin is a choice. One, or both of the parties, may be at fault for the failure of the marriage (that is, a divorce). So one or both parties may have committed one or more sins which have resulted in the divorce.

Is it possible for there to be no sin on the part of either spouse in a civil divorce of a marriage that is found to be valid?

Again, there is no such finding. there is either a finding that the marriage was invalid, or there is not enough evidence to do so.

As to there being no sin - that is possible, but I can’t off the top of my head identify what that would look like.

 

[ajcstr]

Even without an annulment divorce need not be sinful

catholic.com/qa/may-a-person-who-is-divorced-but-not-remarried-receive-communion

 

[rcwitness]

Even without an annulment divorce need not be sinful

catholic.com/qa/may-a-person-who-is-divorced-but-not-remarried-receive-communion

Yes. I have been under the impression that some civil divorces/separations are somewhat justified. I think it becomes a very grey situation, of course.

My question was more about whether the person who pursues/files for a civil divorce (against the will of the other spouse) needs support from their pastor/priest.

The answers offered have been that it’s not absolutely necessary, but very practical.