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Why Can Catholics Be Civilly Divorced?

Question:

Is allowing for legal divorce still a kind of redefinition of marriage as it means the marriage is no longer a life-long commitment?

Answer:

Legal divorce is a matter of the protection of civil rights and the physical and emotional safety of at risk spouses. It does not mean that the divorced spouses are free to marry.

Marriage is indeed a life long commitment but that does not mean a spouse has to subject him or herself to physical or emotional abuse. Legal protection from an abusive spouse is required by Christian charity.

In situations where there is not a question of physical or emotional abuse, the Church greatly encourages couples to do whatever is reasonable to try and maintain marital life. However it is unfortunate that in some cases that simply is not possible. There may have been something wrong from the very start with the original commitment to marriage either in their intentions or their ability to make the commitment. In such situations a decree of nullity (i.e. an annulment) should be applied for.

In other cases, the couple may simply no longer be able to live together even though an annulment is not possible. In those cases civil divorce is recognized by the Church solely as a means to address property, financial, and inheritance issues as well as custody and visitation rights. However, because the couple is considered to have been validly married they cannot contract another marriage, they are still connected to each other for life.

It today’s world of modern psychology and counseling, as well as the intricacies of the law, the clergy are not necessarily the best equipped to make these prudential judgments. As a matter of general policy the Church does not forbid civil divorce but does spiritually encourage the faithful to examine their motives and reasoning for divorce and reflect on whether they are acting morally.

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