12/07/2022
What does the Church teach about divorce?
Corruption of God’s plan for marriage entered into the world even among the ancient Israelites and that Jesus restored marriage among his followers to the way it was originally intended. Unfortunately, in many cultures today, God’s plan for marriage has been corrupted again as the governing of marriage has been handed over to civil authorities, most of whom assume they have the power to dissolve marriages. Civil divorce is often thought to free spouses of their nuptial bonds so that they may go on to marry others.
Consistent with Jesus’ teaching (see Matt. 19:3–9), the Catholic Church continues to teach both the indissolubility of marriage and the gravity of divorce. The Catechism teaches, "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 (2384)."
Note that the Catechism does not say divorce dissolves marriage but that it “claims to break the contract.” Civil authorities simply do not have the power to dissolve a Christian marriage. And since Christian marriage is to be a human image of Christ’s relationship with his Church, civil divorce seriously corrupts that image. When a divorced spouse goes on to civilly marry another, he enters into an adulterous relationship with someone who is not truly his spouse. This is a grave situation for both of them, but as the Catechism points out, it also harms the people around them: “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” (2385).
Even so, in many societies today, so-called no-fault divorce means that one spouse may civilly divorce the other through no fault of the latter’s. Does this type of divorce constitute a sin on the part of the spouse who does not choose it? Of course, the answer is no. The Church addresses this question in the Catechism: "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 (2386)."
But what about a spouse who does choose civil divorce as a way to protect himself, his children, or his assets, from an unjust spouse? If divorce is chosen as a necessary protection but is not viewed as a dissolution of the marriage, then it may be a legitimate form of legal separation. The Catechism states, “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” (2383).
However, it is important to make clear that civil divorce does nothing in regard to the validity of a marriage. Even though civil authorities may claim that a marriage has been broken and the spouses are free to marry others, this is simply not the truth of the matter. The only legitimate authority governing Christian marriages is Christ, through his Church. This is not to say that Christians should not cooperate with civil authorities insofar as their actions are legitimate (e.g., issuing marriage licenses under the competence of the state), but Christians must never concede to civil authorities that authority which belongs to God and the Church alone. As Jesus proclaimed, “What therefore God has joined together, let no man put asunder” (Matt. 19:6).
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