Dear Friends, I found some Frequently Asked Questions on Divorce. Just wanted to share these with you, as to what our Catholic faith teaches about Divorce and Annulments.
Q:
What is the Church’s view on marriage when a Catholic adulterous husband has filed for divorce against an innocent spouse of 17 years?
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A:
Civil divorce, under certain circumstances, may not be a bad thing. The Catechism of the Catholic Church explains, “The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by canon law (see CIC 1151-1155). 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 2383). However, civil divorce will not dissolve the marriage. The wife would not be free to remarry unless the first marriage is declared null or until her husband dies.
Jim Blackburn Category: Marriage Keywords: annulment canon law marriage sin divorce
What is the Church’s view on marriage when a Catholic adulterous husband has filed for divorce against an innocent spouse of 17 years?
”
A:
Civil divorce, under certain circumstances, may not be a bad thing. The Catechism of the Catholic Church explains, “The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by canon law (see CIC 1151-1155). 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 2383). However, civil divorce will not dissolve the marriage. The wife would not be free to remarry unless the first marriage is declared null or until her husband dies.
Jim Blackburn Category: Marriage Keywords: annulment canon law marriage sin divorce
Q:“
My husband and I married in the Catholic Church, but now I am separated from my husband and in the process of divorce and annulment. Priests have told me that I can date and still receive the sacraments if the relationships are pure and entered into prayerfully. Is this correct?
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A:
No. Currently you are not even legally divorced, much less have you received a decree of nullity from the Church. Until the latter happens, you must presume that you are a married woman and may not date anyone. Once you are legally divorced, you will no longer be married in the eyes of the state, but you will be married in the eyes of the Church unless and until you receive an annulment—and there is never any guarantee that an annulment will be granted. If you maintain a life of chastity appropriate to your state as a married woman legally separated from her husband (the Church considers civil divorce the equivalent of a legal separation), and otherwise remain in a state of grace, you may receive the sacraments. Once an annulment is granted, then you will be free to date.
Michelle Arnold Category: Marriage Keywords: divorce sin chastity annulment marriage
Q:“
When a Protestant man and woman are married in a non-Catholic ceremony which is not celebrated by a Catholic priest, why does an annulment have to be obtained in the event one becomes Catholic and wants to remarry?
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A:
A consummated sacramental marriage is indissoluble by any human power. Jesus said, "What therefore God has joined together, let not man put asunder" (Mark 10:9). The Catholic Church takes this seriously and therefore will not take part in a new marriage when it believes another valid marriage may already exist. This is true even if that marriage is between Protestants married outside the Catholic Church—such marriages are recognized as valid by the Church. (Note that St. Paul taught of a variance to this—in the case of a marriage between two non-baptized persons when one party later becomes a Christian: "if the unbelieving partner desires to separate, let it be so; in such a case the brother or sister is not bound. For God has called us to peace" [1 Cor. 7:15]. In this case the marriage was not sacramental because the two parties were not baptized.)Civil divorce is often man’s attempt to put asunder what God has joined together, and the Church knows that man does not have the power or authority to do this. The annulment process is simply the Church’s investigation into what looks like a marriage to determine whether a valid marriage really exists. If it does, the Church will not, indeed cannot, recognize another marriage. If, on the other hand, the Church finds that a valid marriage does not exist, then a new marriage, truly a first marriage (unless a valid previous marriage ended through death), may be celebrated. —Jim Blackburn
Jim Blackburn Category: Marriage Keywords: annulment Protestant divorce marriage
Q:“
May a person who is divorced but not remarried receive Communion?
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A:
While Church teaching recognizes the seriousness of divorce, it understands that:1. There are situations in which civil divorce may be necessary: "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 2383), and2. Divorce may occur due to no fault of an innocent spouse:
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. (CCC 2386)
In such cases, divorce is not sinful for that person and he or she may continue to receive Communion. However, in other cases—as with all serious sin—a divorced person should go to confession immediately, prior to receiving Communion. If a divorced person later remarries invalidly he or she would then be prohibited from receiving Communion as long as that situation persists or until he or she has gone to confession and committed to living chastely. The Catechism explains:
Today there are numerous Catholics in many countries who have recourse to civil divorce and contract new civil unions. In fidelity to the words of Jesus Christ—"Whoever divorces his wife and marries another, commits adultery against her; and if she divorces her husband and marries another, she commits adultery"—the Church maintains that a new union cannot be recognized as valid, if the first marriage was. If the divorced are remarried civilly, they find themselves in a situation that objectively contravenes God’s law. Consequently, they cannot receive eucharistic Communion as long as this situation persists. For the same reason, they cannot exercise certain ecclesial responsibilities. Reconciliation through the sacrament of penance can be granted only to those who have repented for having violated the sign of the covenant and of fidelity to Christ, and who are committed to living in complete continence. (CCC 1650)
Jim Blackburn Category: Eucharist Keywords: Eucharist marriage divorce
Q:“
Can a divorced person without a Church annulment participate in the sacraments?
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A:
A divorced person is generally not required to seek an annulment unless he plans to attempt marriage again. And unless a person has been excommunicated (divorce is not cause for excommunication), a Catholic always has access to confession. In fact, a divorced Catholic should go to confession as soon as possible if the divorce was an occasion of mortal sin. If the divorce was not an occasion of mortal sin, then confession is not necessary. Either way, the Catholic would be able to lead a normal sacramental life.
Jim Blackburn Category: Sacrament Keywords: divorce annulment Eucharist confession
Q:“
For a while I could not receive Communion as a decision had not yet been made regarding the validity of my previous marriage. I have since wondered why the Church holds the worst sinners at arm's distance. Is the Eucharist truly the body and blood of Christ (who wants all sinners to come to him) or is it a "symbol" of our membership in this exclusive club called the Catholic Church?
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A:
The Church doesn’t hold the worst sinners at arm’s distance: The sinners themselves do. The Church isn’t forcing them to sin. They are doing that quite on their own. The Church does not withhold the Lord’s compassion any more than he did. But he was only compassionate with those who were repentant, and then he warned them not to engage in such activity again. When you were waiting for an annulment, you could have received Holy Communion if you were not having marital relations with someone with whom you were not validly married. Perhaps you didn’t know that to do so is a grave sin. One cannot profess one’s unconditional love for the Lord while at the same time engaging in sinful activity. The Church wasn’t holding you at arm’s distance. You could have gone to confession and determined to live as brother and sister until you were validly married—and then received Holy Communion. Many do. Unfortunately, priests often fail to tell people this.
Fr. Vincent Serpa Category: Eucharist Keywords: sin mortal sin divorce Eucharist confession
Q:“
I'm thinking about divorce. What does the Catholic Church have to say about it?
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A:
Jesus said, "What therefore God has joined together, let not man put asunder" (Mark 10:9). So, although the Catholic Church recognizes the need for civil divorce in some circumstances, the Church also teaches that divorce does not dissolve the marriage bond before God. Therefore, even in situations where civil divorce is tolerated, divorce does not free the spouses to marry again. Cardinal Levada’s glossary explains:
[Divorce is] the claim that the indissoluble marriage bond validly entered into between a man and a woman is broken. A civil dissolution of the marriage contract (divorce) does not free persons from a valid marriage before God; remarriage would not be morally licit.
If there are sufficient reasons for obtaining a civil divorce in your case, then it would be morally permissible to pursue one, but this would not result in the ability to remarry unless, for example, you pursued and received an annulment that showed your first marriage was invalid.
Jim Blackburn Category: Marriage Keywords: annulment marriage divorce
Q:“
A husband and wife are validly married in the Catholic Church, and after several years get a civil divorce, never seek an annulment, live chastely after the divorce, and then reconcile. Are they allowed to have intercourse since they are still married in the eyes of the Church, or must they first have their marriage acknowledged by the state?
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A:
For a Catholic, divorce is a purely civil matter and does not affect the validity of a sacramental marriage whatsoever. The husband and wife will always retain the right to express their marriage vows sexually. When such individuals reconcile, they are certainly free to live as man and wife.
Fr. Vincent Serpa Category: Marriage Keywords: sexuality annulment divorce marriage
Q:“
My wife and I are considering divorce after a long and unloving period of our relationship. She considers us roommates. The reason we haven't divorced is that she couldn't live alone on her salary plus trying to raise our son. She is unwilling to go to counseling. What are the implications of divorce for practicing Catholics? Can we still receive the sacraments? Where can I learn about the annulment process?
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A:
The loser here is your son. I would think long and hard before inflicting a divorce on him. You and your wife chose to marry each other. He didn’t choose to be born. He deserves a home with a mother and a father. I’m not trying to lay a guilt trip on you. These are simply the facts. If it is absolutely impossible for the two of you to remain together, then the Church allows civil divorce for the equitable division of goods that have been held in common. I know of an instance where the child remained in the home and the parents would alternate every other week living there so that the child wouldn’t be shuttled here and there for the rest of his childhood. I commend the parents for obviously being more concerned about him than about themselves. If you do separate you may both receive the sacraments so long as you are in the state of grace. But you are still married, and dating other people is out of the question unless and until you are able to have the marriage annulled. This book will give you all that you need to know about annulments: Annulments and the Catholic Church by Edward Peters, available on shop.catholic.com or by phone: 888 291 8000.
Fr. Vincent Serpa Category: Marriage Keywords: marriage canon law children annulment divorce
Q:“
I have a Lutheran friend who married a Catholic woman outside the Catholic Church because there were problems with the annulment of his previous marriage. I go to the same Catholic Church as his wife, where she is unable to receive Communion. Is there some kind of dispensation she can get so that she can receive Communion?
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A:
The woman chose to marry invalidly and then live as though she were a validly married woman—this is a grave situation. She will not be allowed to receive Communion as long as she ignores this. I can only recommend that she repent and go to confession, and that they commit to living as brother and sister until the situation is rectified (i.e., annulment and convalidation). If she does this, she can receive Communion.The Catechism of the Catholic Church explains,
Today there are numerous Catholics in many countries who have recourse to civil divorce and contract new civil unions. In fidelity to the words of Jesus Christ—"Whoever divorces his wife and marries another, commits adultery against her; and if she divorces her husband and marries another, she commits adultery" (Mark 10:11-12) —the Church maintains that a new union cannot be recognized as valid if the first marriage was. If the divorced are remarried civilly, they find themselves in a situation that objectively contravenes God’s law. Consequently, they cannot receive Eucharistic Communion as long as this situation persists. For the same reason, they cannot exercise certain ecclesial responsibilities. Reconciliation through the sacrament of penance can be granted only to those who have repented for having violated the sign of the covenant and of fidelity to Christ, and who are committed to living in complete continence. (CCC 1650)
