Is divorce a sin? What is an annulment and what are the reasons for getting an annulment?

This is an interesting question that both the 4th graders and 7th graders asked. I imagine that most of them either know someone who is divorced or are living in a family in which their parents are divorced. As with any questions regarding sin the answer is multifaceted.

Divorce is a sin against the indissolubility of marriage. Yet, the sin is committed only by the person willingly seeking the divorce. For example, if a husband files for divorce and the wife tries to salvage the marriage the wife are not culpable for committing the sin of divorce because she did not have control over the will of the other.

Divorce in itself is not a grave (mortal) sin, however. Jesus says, "...whoever divorces his wife (unless the marriage is unlawful) and marries another commits adultery" - Matthew 19:9. It's not the divorce that is a grave sin rather someone engaging in another relationship after the civil divorce. The Church does not recognize civil divorce and believes that the bond of marriage is for life. When someone divorces, they may believe they are separating themselves civilly from their spouse but the Church says that the marriage still exists. If one civilly divorces and remains unmarried and chaste no grave sin is committed and the person is not prevented from receiving the sacraments. The Church emphasizes, however, that the sacramental vows of the marriage still exist. If one civilly divorces and then remarries without an annulment then that person has committed a grave sin and continues to commit that sin by remaining in the invalid marriage in which they are committing the act of adultery. That person is barred from receiving the sacraments except in danger of death.

An annulment is NOT a Catholic divorce!!! The Catholic Church states the a marriage, when celebrated lawfully according to the Church, is absolutely indissoluble. An annulment, or declaration of matrimonial nullity which is the proper title, is an official determination by a Church tribunal that what appeared to be a valid marriage in the eyes of the Church was in fact not. There are only a few reasons that an annulment can be granted. An annulment is granted when, at the time of the marriage:

• one or both persons lacked sufficient capacity for marriage (i.e. mental or emotional defect)
• one or both persons failed to give their proper consent to marriage. In other words, someone being forced to marry. (i.e. marrying solely due to becoming pregnant or due to pressure by parents or others)
• one person did not intend the marriage to be for life or did not intent to be faithful to their spouse

The final grounds for an annulment is when at least one person is Catholic and they violated the Church's requirements of canonical form in getting married. Canonical form entails the couple exchanging their vows in the presence of a priest who is delegated by the bishop to celebrate the marriage. This must occur in the presence of two witnesses and in a Catholic Church. If one person is non-Catholic the Catholic person must obtain permission from the Church to marry.

It is only after an annulment has been granted that a person can enter into marriage with another person. The Church does not say that they can remarry because She does not recognize the first marriage as having truly existed. Finally, an annulment, when granted, has no bearing on the status of any children born from this marriage. The children do not become illegitimate because at the time of their birth it was truly believed that the marriage existed.

Annulments are very complex and can be hard to understand, so this is simply a quick overview and is certainly not meant to cover all the issues surrounding it. Until next time...God bless.

posted by: crossman at 06:57 | link | comments (3) |
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Comments:

#1  16 April 2008 - 10:39

 

It amazing how people can miss this fact and still follow through with such sin.

Do you know of the idea that an anulled marriage prohibiting someone from the priesthood? A curiosity more than a personal question...

Anonymous

#2  16 April 2008 - 17:40

 

Interestingly, one of the 4th grade students in class today asked a similar question. I don't know of any specific cases, but theoretically someone whose marriage was annulled could still be ordained to the priesthood because the Church would recognize that the marriage never existed in the first place. We do have a priest in our diocese who was married, his wife died and then he was ordained a priest a few years later. So, it is possible but the Church would examine the situation very closely before considering an action like that. Good question!
God bless.

crossman

#3  22 April 2008 - 17:19

 

Divorce is not a mortal sin?

Are you serious?

I guess what God hates is not a mortal sin then?

Anonymous

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