Is a Catholic Divorice ever permitted?

[PJM]

Are there ever grounds for a Church permitted divorice?

Abuse or unfaithfulness for example?

And if “yes” can that spouce remarry?

God Bless,
Pat

 

[Pug]

Yes, in the right circumstances a person may separate from their spouse and even obtain a divorce through the civil court system. That is permitted. But having obtained such a civil divorce does not mean that the Church considers them to be free to go out, find a person, and marry. See CCC 2383:
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.

 

[Seatuck]

A divorced Catholic is not free to marry unless the church investigates the marriage and after a preponderance of the evidence declares the marriage to have been invalid or null.

 

[chevalier]

Unconsummated marriages of baptised Christians can be dissolved (by the Pope only and for very serious reasons) but once the marriage has been consummated (by procreative and humane marital intercourse), it cannot be dissolved even by the Pope. It is not forbidden, it is impossible to do.

Civil divorce, which may be necessary in some cases, does not make people single (as in single but unable to remarry), they are still married sacramentally, it is just the secular law that sees them as no longer married.

This does not mean that an abused spouse cannot require honest, dignified treatment (to which he or she has every right and the abuser is breaking his solemn oaths and has no reason to be smug), or even leave if there’s no other way. But yes, as long as 1) marriage was validly made (and consummated) and 2) the spouse lives, there can be no further marriage because that first marriage remains in existence.

A divorced Catholic is not free to marry unless the church investigates the marriage and after a preponderance of the evidence declares the marriage to have been invalid or null.

Actually, the standard is moral certainty, which is more restrictive than that. This means the judges must be positively sure.

 

[Suslar]

There is no such thing as “Catholic divorce.” I only point this out because that is what some call “an annullment.” As the above posters have written, Catholics may obtain civil divorce and then a Declation of Nullity, but the Declation of Nullity is not ending a marriage the way civil divroce does. Instead, it says there was some condition or impediment that made the marriage invalid/unsacramental on the day vows were exchanged.

 

[runningdude]

Divorce and remarriage is forbidden. “Divorice” is permitted and encouraged

 

[puzzleannie]

Are there ever grounds for a Church permitted divorice?

Abuse or unfaithfulness for example?

And if “yes” can that spouce remarry?

God Bless,
Pat

yes a Catholic who is the innocent party may be permitted to consent to a civil divorce (ordinarily a sin) if that is the only way to protect their person or their rights, or those of the children of the marriage. The civil divorce does not end a valid marriage, however, it is merely an arrangement by which child custody and property settlements are decided, and the conditions under which the couple will live apart. In some states or countries that is the only way to effect a legal separation.

Neither party is free to marry again unless and until the canon law tribunal of the Catholic Church investigates the circumstances surrounding the marriag at its inception (not what happened afterward) and declares the marriage null, that is, that it never happened, no valid marriage has ever existed.

Divorce and remarriage is forbidden. “Divorice” is permitted and encouraged

wrong, divorce is most definitely not encouraged by the Catholic Church, as the couple would be counselled to do everything possible to save their marriage before taking that step. But in some cases one party is put in the position of literally having no choice–the spouse leaves, takes up with someone else, is abusive, etc.

 

[Suslar]

wrong, divorce is most definitely not encouraged by the Catholic Church,

My guess is that Runningdude was just making a joke with spelling errors - reread his post and you’ll see

 

[Seatuck]

Unconsummated marriages of baptised Christians can be dissolved (by the Pope only and for very serious reasons) but once the marriage has been consummated (by procreative and humane marital intercourse), it cannot be dissolved even by the Pope. It is not forbidden, it is impossible to do.

Civil divorce, which may be necessary in some cases, does not make people single (as in single but unable to remarry), they are still married sacramentally, it is just the secular law that sees them as no longer married.

This does not mean that an abused spouse cannot require honest, dignified treatment (to which he or she has every right and the abuser is breaking his solemn oaths and has no reason to be smug), or even leave if there’s no other way. But yes, as long as 1) marriage was validly made (and consummated) and 2) the spouse lives, there can be no further marriage because that first marriage remains in existence.

Actually, the standard is moral certainty, which is more restrictive than that. This means the judges must be positively sure.

True.

 

[wjp984]

puzzleannie;8262614:

wrong, divorce is most definitely not encouraged by the Catholic Church,

My guess is that Runningdude was just making a joke with spelling errors - reread his post and you’ll see

I don’t know about that. I think the anulment privileges (can’t remember exactly what they are called) encourages a divorce by providing a get out of marriage free card.

Basically, the one where if you are Catholic but do not get married in a Catholic Church or receive a dispensation or blessing, and therefore did not perform a sacramental marriage,

then the marriage is automatically void. Therefore, all one needs to do is not follow Catholic procedure and they get a get out of marriage free card if things go wrong and they desire a divorce.

However, it’s not a get out of Hell free card though so there may be consequences for the soul for using such a tecnicality, but the tecnicality exists nonetheless.

 

[wjp984]

yes a Catholic who is the innocent party may be permitted to consent to a civil divorce (ordinarily a sin) if that is the only way to protect their person or their rights, or those of the children of the marriage. The civil divorce does not end a valid marriage, however, it is merely an arrangement by which child custody and property settlements are decided, and the conditions under which the couple will live apart. In some states or countries that is the only way to effect a legal separation.

Neither party is free to marry again unless and until the canon law tribunal of the Catholic Church investigates the circumstances surrounding the marriag at its inception (not what happened afterward) and declares the marriage null, that is, that it never happened, no valid marriage has ever existed.

wrong, divorce is most definitely not encouraged by the Catholic Church, as the couple would be counselled to do everything possible to save their marriage before taking that step. But in some cases one party is put in the position of literally having no choice–the spouse leaves, takes up with someone else, is abusive, etc.

I think what happend afterwards can be used as evidence to show that there was not a valid marriage at the inception. For example, a person who decided to have an affair probably did not understand the vows at the inception of the marriage and therefore the anulment can be granted.

 

[runningdude]

puzzleannie;8262614:

wrong, divorce is most definitely not encouraged by the Catholic Church,

My guess is that Runningdude was just making a joke with spelling errors - reread his post and you’ll see

Thank-you! simple joke, although reading the reaction, I momentarily thought “devorIce” actually meant permanent separation or something…

 

[lisahiku]

I think the Catholic Church issues too many annulments. Pope Benedict has issued a statement on annulments too.

My view of annulments is not popular with a lot of my fellow catholics. I also know several people who came back to the church ONLY because their annulment was granted. If they had not gotten their way they would have been content to stay in their new age church.

 

[puzzleannie]

I don’t know about that. I think the anulment privileges (can’t remember exactly what they are called) encourages a divorce by providing a get out of marriage free card.

s.

there is no such thing as “annullment privileges.” This is a canon law process which gives every Catholic his right under canon law to have the tribunal investigate a marriage which has irretrievably broken down to determine if it was valid at its inception. A Catholic who sincerely feels this is the case has the right under canon law to ask for a judgment to be made. The streamlining of the procedure is actually something that was called for by popes of the last century even before V2 because Catholics were effectively being denied that right in many places. Note this is a right to have their case investigated, not the right to dictate the outcome.

 

[lisahiku]

the grounds of annulment are vague and have been over extended to put it mildly. The tribunal is given more power than god to decide

 

[Matthew_Holford]

Are there ever grounds for a Church permitted divorice?

It depends on what you mean by the phrase “Church permitted divorce”. Do you mean dissolution of marriage by the civil courts (commonly called divorce) condoned by the Church or do you mean dissolution of marriage by a Church tribunal (Pauline Privilege) or dissolution of marriage by the Supreme Pontiff (Petrine Privilege)?

If a couple are having difficulties in their marriage the Church prefers it if they can resolve their issues. If they are unable to do so, it may endorse a separation: the spouses living in different places. If the couple cannot reconcile the Church accepts the existence of dissolution by the courts of law of individual countries or sub-national jurisdictions, e.g. provinces, states. This will bring about changes in their legal status within the state but not in the Church. The Church considers the couple to be still married. Therefore, they cannot remarry and must not live with another person as if they were man and wife.

There is a common misconception that divorced couples cannot receive the sacraments. This is wrong; they can. If a person subsequently goes through a civil marriage they then commit grave/mortal sin and cannot access the sacraments.

For a divorced person to remarry in the Church then either their marriage, recognised by the Church, must end when their spouse dies or they are granted, by the Church, a decree of nullity of marriage.

On the other hand there a broadly two set of circumstances in which, for the privilege of the faith, the Church cannot dissolve a non-sacramental marriage. These circumstances are quite technically complex: there is the ‘Pauline Privilege’ which I believe can be granted by a diocesan tribunal and the ‘Petrine Privilege’ restricted to being granted by the Roman Pontiff (i.e. the Pope).

 

[Suslar]

the grounds of annulment are vague and have been over extended to put it mildly. The tribunal is given more power than god to decide

I’d like to understand more of where you are coming from . . . what do you mean the grounds are vague? I found the grounds to fit exactly with my situation. Have you ever been through the process and granted a Declaration of Nullity? It is HARD work on the part of the petitioner. I had to write out 26 pages of testimony, have my witnesses write out testimony, meet with a field advocate and then wait for the Tribunal to evaluate the facts of the case. The whole process took 18 months.

I didn’t ever feel the Tribunal was “given more power than God” because I knew it was only the grace of God that allowed me to endure the emotional pain of going through the process. The Tribunal was only looking at facts provided from various sources to determine if the “marriage” was Sacramental. Once they made a determination, they then passed it to ANOTHER tribunal from a neighboring diocese for appeal to see if they would find something different. It wasn’t a “poer” thing in my opinion.

Sadly, I think the reason there are so many Declaration of Nullity granted and indeed why so many marraiges fail in the US is because the catechesis is so poor. My pre-Cana class was about 4 hours long and really, really poorly done - it didn’t prepare me for my role as a Catholic spouse. I understand marriage prep programs are better now, but our American culture makes living Catholic marriage so difficult. If we don’t prep people for their role as spouse, then many marriages are doomed to fail.

 

[NewEnglandPriest]

the grounds of annulment are vague and have been over extended to put it mildly.

As someone who actually has to write up annulment cases (the opening proess) I can attest that the grounds are anything but vague. Specific evidence/testimony needs to be obtained and must clearly demonstrate the grounds.

The tribunal is given more power than god to decide

I don’t even understand what that means. God does not come down from heaven to say one way or another, He left us His Church to govern these matters…

 

[lisahiku]

My humble opinion…annulments are given way too easily. I know there won’t be a lot of people on here that agree, but they are handed out very easily.

 

[lisahiku]

As someone who actually has to write up annulment cases (the opening proess) I can attest that the grounds are anything but vague. Specific evidence/testimony needs to be obtained and must clearly demonstrate the grounds.

I don’t even understand what that means. God does not come down from heaven to say one way or another, He left us His Church to govern these matters…

God also said he hates divorce.