Posted on 05/12/2009 10:12:12 AM PDT by Salvation
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Legal separation of husband and wife, or the release by civil authority from any one or more of the bonds of matrimony between them. Imperfect divorce is the separation of husband and wife so that the duty of living together, and sometimes the support, is relaxed, but giving them no right to remarry. also called separation from bed and board, but not the severance of the primary bond of marriage, which is the exclusive lifelong fidelity in the use of marital rights. (Etym. Latin divortium; from divertere, to part, separate, turn aside.)
Note the first two words: Legal separation
And then these words: but giving them no right to remarry.
When I first saw these words, I thought of St. Joseph’s intent “to divorce her quietly.”
Of course, then he had a message from an angel in a dream to remain with Mary.
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I might take them more seriously if they didn’t hand out annulments like chicklets.
This always invites controversy. Here’s a summary of the Church teaching on marriage, divorce and annulment.
Marriage is a supernatural bond between one man and one woman, which lasts as long as both spouses live. Divorce may happen if the spouses are unable to reconcile; separation is encouraged when there are concerns for the safety of the spouse or the children. Divorce, however, does not dissolve the marriage; the difference between separation and divorce is merely that one is usually seen as temporary and the other — permanent.
Spouses in the state of divorce or separation remain to be obligated to chastity just like they were while living together: they may not have sexual relations outside of the existing marriage. They may not remarry even if the law of the land allows remarriage. A person who is divorced and lives chastely is in good standing in the Church.
It is possible that a divorced spouse falls to sexual or any other sin, is which case the sacrament of confession is available to him or her. However, should the illicit sexual liason become public and take on permanence — such as, for example, when the divorced spouse remarries under a civil authority, the sin becomes public scandal and results in an automatic excommunication. People who are divorced and remarried under the civil law are not to receive the sacraments till the scandal is remedied. They are, however, encouraged to attend Mass.
Annulment is not a Catholic form of divorce. It is a legal finding that proclaims an attempted marriage in fact not a marriage. Annulment is only possible if at the time of contracting the putative marriage some defect prevented the supernatural marital bond to form. Typically, annulment is obtained when one putative spouse or both was not capable of marriage due to a previous marriage, religious vow, or mental incapacity, or when a Catholic spouse did not follow the Catholic canonical form for entering the marriage, or when the marriage was not sexually consummated. If a marriage is annuled, the children do not become illegitimate. The sexual union that had occurred during the annuled marriage is not considered fornication, so long as the putative marriage was contracted in good faith.
Bad behavior during the marriage, such as adultery or addiction, may be grounds for divorce but not for annulment.
Death of a spouse frees the surviving spouse to remarry.
Civil legislation regarding marriage and divorce has no bearing on the Church law.
What makes you say that. Have you personal experience with an annulment?
Thanks!
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