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Reasons for Divorce in the Catholic Church

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In the Bible, Jesus Christ made his feelings clear about divorce.

No reasons exist for divorce in the Catholic Church. According to the Bible, Jesus Christ said that "whoever divorces his wife and marries another commits adultery," and so the church considers divorce a grave offense against the natural law. The church can, however, investigate a marriage and declare that it simply did not exist.

  1. The Bible

    • In St. Matthew's Gospel, chapter 19, some Pharisees asked Jesus Christ, "Is it lawful for a man to divorce his wife for any cause whatever?" Jesus replied, "Have you not read that from the beginning the Creator 'made them male and female' ... they are no longer two, but one flesh. Therefore, what God has joined together, no human being must separate." When the Pharisees retorted that the Law of Moses allowed divorce, Jesus replied that was "because of the hardness of your hearts ... but from the beginning it was not so."

    The Catechism

    • The catechism of the Catholic Church, or CCC, notes that divorce is a grave offense against the natural law, because it claims to break the contract of the couple to live with each other till death. The CCC contends that divorce introduces disorder into the family and into society, brings harm to the deserted spouse and to children traumatized by the separation.

    Catechism Insight

    • The CCC notes that while Catholics in countries that allow civil divorce may contract new civil unions, the church maintains that a new union cannot be recognized as valid, if the first marriage was. Still, if civil divorce remains the only possible way of ensuring certain legal rights, the CCC states it can be tolerated and does not constitute a moral offense.

    Annulment Competency

    • The church can declare that a marriage between Catholics was not valid from the beginning. If a tribunal of the church finds, after investigation, that such validity did not exist, then it can issue a "declaration of nullity," which declares that the couple was never married in the sacramental sense -- the divine unbreakable bond of the sacrament of marriage was not fulfilled.

    Impediments to Marriage

    • The church's Code of Canon Law recognizes impediments to marriage. "Diriment" impediments that invalidate a marriage include consanguinity (being too closely related by blood); affinity (too closely related by marriage); bigamy; ordination to holy orders; making public perpetual vows as a religious brother or sister; abduction with the intent of marriage; or impediment of crime, which means murdering a spouse or the spouse of another, with the intention of marriage.

    Grounds for Nullity

    • Grounds for nullity mean that at least one of the two parties was not free to consent to the marriage. Such grounds include force to obtain consent; consent based on a condition or reservation; no intention to contract a lifelong relationship; intending to never have children; serious lack of the discretion necessary to consent; and psychological incapacity.

    Annulment Procedure

    • The church's courts -- found in every diocese -- investigate the case, determining if impediments or grounds for annulment exist. The petitioner brings the case to the court, and the respondent has the opportunity to challenge the allegations of the petitioner. The presiding judge will appoint a judge for the case and a "defender of the bond," who is obliged to point out evidence that the marriage is valid. After the presentation, the judge makes the decision whether to grant an annulment. The church requires every affirmative decision to be appealed to an appellate court -- a "court of second instance."

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