Michael Brooks
The Catholic Church considers sex outside of marriage a grave sin. Divorce is not recognized by the Church, and it teaches that marriage is a permanent union that cannot be dissolved. However, divorced Catholics are not excommunicated and remain in good standing with the Church. While divorce itself does not affect a Catholic's status, remarriage without an annulment is considered adultery, and the Church requires divorced Catholics who wish to remarry to obtain an annulment. This process examines the beginning of the marriage and determines that it fell short rather than claiming it never happened.
| Characteristics | Values |
|---|---|
| Catholic Church's view on divorce | The Catholic Church discourages divorce, but it does not shun or turn away parishioners who have gone through divorce. |
| Remarriage after divorce | The Catholic Church requires divorced Catholics to go through the "tribunal process" before remarrying in the faith. |
| Annulment | An annulment is required for divorced Catholics to have a sacramental remarriage in a Catholic Church. An annulment is not the same as a legal annulment as it asserts that a marriage "fell short" instead of taking the position that the marriage never happened. |
| Sex after divorce | Sex is considered adultery if a divorced Catholic has not received an annulment and remarried. |
| Divorce and status in the Catholic Church | Divorce does not affect a person's status in the Catholic Church. Divorced Catholics can receive Holy Communion and are encouraged to participate in Church activities. |
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What You'll Learn
Divorce does not affect a Catholic's status in the Church
Divorce itself does not affect a Catholic's status in the Church. Divorce is a function of civil law and secular courts, not the Church. Jesus, and thus the Church, did not recognize divorce in the New Covenant. A valid marriage is a sacramental union by God that man cannot break.
The Church believes that God, the author of marriage, established it as a permanent union. When two people marry, they form an unbreakable bond. Jesus himself taught that marriage is permanent (Matthew 19:3-6), and St. Paul reinforced this teaching (see 1 Cor 7:10-11 and Eph 5:31-32). The Church does not recognize civil divorce because the State cannot dissolve what is indissoluble. Divorced people are full members of the Church and are encouraged to participate in its activities.
However, it is important to note that the issue of divorce becomes a problem when a Catholic divorces and then remarries outside of the Church without a prior annulment. In the eyes of the Church, that person is still married to their prior spouse, which means the new marriage is not valid, and the person is living in an adulterous relationship. This would typically prevent the receiving of Holy Communion.
The Catholic Church respects all marriages and presumes that they are valid. It considers the marriages of two Protestant, Jewish, or even non-believing persons to be binding. Any question of dissolution must come before a Church court (tribunal). The annulment process in the Church is an extension of God's mercy for imperfect Catholics living in an imperfect world. Not all marriages begin as they should, and some people will marry for the wrong reasons or with ignorance of the reality of what marriage is in the eyes of God. These unions are invalid from the beginning, and an annulment recognizes this.
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Annulment is required to remarry in the Catholic Church
Divorce itself does not affect a person's status in the Catholic Church, and divorced Catholics are not excommunicated. However, the Church does not recognise civil divorce, as it considers marriage to be a lifelong bond that cannot be broken. As such, divorced Catholics who wish to remarry in the Catholic Church must first obtain an annulment, or a declaration of nullity, from a Church tribunal. This is because the Church presumes that every marriage is a valid union, and the tribunal must determine whether something essential was missing at the moment of consent, thereby invalidating the marriage.
The annulment process involves the petitioner submitting written testimony about the marriage and a list of people familiar with the marriage. If the other spouse did not co-sign the petition, the tribunal will contact them, as they have a right to be involved. The tribunal fee varies depending on the locality, ranging from $500 to $1,000, but no one is turned away due to an inability to pay.
The annulment, or declaration of nullity, states that a valid matrimonial bond was never truly formed due to factors such as a lack of proper canonical form, the presence of an undispensed impediment, or defective consent. Once an annulment is obtained, both parties to the marriage are free to remarry in the Catholic Church, except for the person who is the culpable cause of the invalidity.
It is important to note that some divorced Catholics may be intimidated or outraged by the Church's annulment process, and they can seek counsel from a priest or counsellor to discuss their options.
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Adultery is a mortal sin
The Bible and the teachings of the Catholic Church emphasize the seriousness of adultery. In the Ten Commandments, Moses forbids adultery and the breaking of the marriage covenant. Jesus reinforces this teaching and further condemns lustful thoughts and desires, stating that "anyone who looks at a woman lustfully commits adultery with her in his heart." The Church recognizes that men and women may struggle with adulterous thoughts and desires, and encourages them to practice chastity and avoid indecent material.
Within the Catholic Church, divorce is discouraged but not prohibited. Divorced Catholics are welcomed and encouraged to remain active in their church communities. However, if a divorced Catholic wishes to remarry within the Church, they must first obtain an annulment through the tribunal process. This process involves a bishop or church official presiding over a judicial process to determine if the divorce merits a declaration of nullity, which would allow the individual to remarry in the Catholic Church.
While adultery is a serious sin, the Catholic Church offers hope and redemption for those who have committed it. Through sincere confession, penance, and repentance, individuals can find forgiveness and restore their relationship with God. The Church encourages those struggling with adulterous thoughts or actions to seek guidance from priests or deacons and to participate in support groups and ministries specifically designed to help divorced Catholics.
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Divorce is not a sin that should keep a Catholic from receiving sacraments
Divorce itself does not affect a person's status in the Catholic Church. Divorce is a function of civil law and secular courts, not the Church. Jesus, and thus the Church, did not recognize divorce in the New Covenant. A valid marriage is a sacramental union by God that man cannot break. Divorced Catholics in good standing with the Church, who have not remarried or who have remarried following an annulment, may receive the sacraments.
The Church believes that God, the author of marriage, established it as a permanent union. When two people marry, they form an unbreakable bond. Jesus himself taught that marriage is permanent (Matthew 19:3-6), and St. Paul reinforced this teaching (see 1 Cor 7:10-11 and Eph 5:31-32). However, the Church does not recognize a civil divorce because the State cannot dissolve what is indissoluble. Divorced people are full members of the Church and are encouraged to participate in its activities.
Annulment in the Catholic Church is not the same as a secular, legal annulment. Instead of taking the position that the marriage never happened, the Catholic Church asserts that a marriage "fell short" in some way, thereby explaining the divorce. The annulment process can give divorced Catholics three gifts: clarity, by helping them see the reasons for their failed marriage in a new light; healing, by allowing them to work through their anger and guilt and come through to a better place spiritually and emotionally; and time, by forcing the divorced person to wait before making any more relationship decisions.
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The Church offers support to divorced Catholics
The Catholic Church discourages divorce, but it does not shun or turn away parishioners who have gone through divorce. Divorced Catholics remain full members of the Church and are encouraged to participate in its activities. They can continue to be involved in their church as they did before and are met with compassion by church elders. The Church understands the pain of divorce and offers support to those involved, encouraging them to remain close to God through the reception of the Sacraments, especially the Holy Eucharist. Many dioceses offer programs and support groups for divorced and separated persons, such as Catholic Divorce Ministry, The Beginning Experience, and Journey of Hope.
The Church provides resources to help divorced Catholics heal and grieve, such as "Divorce and Beyond," a book offering a ten-session program to guide people through the grieving process of divorce through study, reflection, and discussion. "The Catholic’s DIVORCE SURVIVAL Guide" is another resource, a 12-DVD series with guides for personal use or as a parish program. "The Gift of Self: A Spiritual Companion for Separated and Divorced Faithful to the Sacrament of Marriage" by Maria Pia Campanella is a book that covers a broad range of issues related to annulments.
Divorced Catholics who have not remarried or who have remarried following an annulment may receive the sacraments. However, those who have remarried without an annulment of their previous marriage are encouraged to speak with their pastor to resolve their situation and receive Holy Communion. An annulment in the Catholic Church is a judicial process presided over by a bishop or church official, who decides whether the divorce merits a declaration of nullity, allowing the individual to remarry in the Catholic Church.
While the Church offers support to divorced Catholics, it is important to note that it considers marriage a permanent and indissoluble union, and civil divorce is not recognized as valid. However, divorced Catholics are not excommunicated and are encouraged to remain active in their parish life and seek pastoral care and support as needed.
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Frequently asked questions
Sex outside of marriage is considered a sin in Catholicism. Divorce does not change a person's status in the Catholic Church, and marriage is considered an unbreakable bond. Therefore, if a Catholic person has sex with a new partner after divorce, they are committing adultery.
The Church discourages divorce but does not turn away parishioners who have gone through divorce. It offers support to those involved and encourages them to remain close to the Church.
A Catholic who wishes to remarry in the Catholic Church must first obtain an annulment. This is a declaration of nullity from a bishop, stating that the previous marriage "fell short" and was not a sacramental union. Without an annulment, a Catholic cannot have a sacramental remarriage in the Catholic Church.
