WHAT IS DIVORCE?

The state has the right and obligation to protect its citizens, to enact laws that helps the common good. Marriage affects society, the rearing of new citizens (children) and their education.

Marriage is not an absolute right. The right to marriage is governed, for example, one cannot marry one’s sister or a 6 year old. There are civil effects of the marriage contract. A license must be had to marry.

The decree of divorce states that the civil union between the two is no longer bound. They are civically divorce. The Sacramental bond is never touched or mentioned, nor recognized by the State.

When one marries in a Church, the State recognizes and grants all the rights, privileges and protections of marriage. The priest cannot marry the couple without a civil license.

If the two are baptized, then there is a sacramental bond that seals the love of the couple by word ( consent) and action ( the sexual union, the marital act). If children are born, only the state grants legitimacy. The Church has nothing to say about the legitimacy of children.

A divorce is a civil act only. The state does not recognize or accept a sacramental bond in marriage. For the Church, there is no such thing as a divorce; a divorce is a fiction of law. Even if the state grants a civil divorce, the sacramental bond is still attached to the couple.

A civil divorce has no effect in the sacramental life of the persons. Sometimes, it is necessary to get a civil divorce for protection of the spouses and children. There are civil effects from a civil divorce.

It is important to remember that a canonical trial is NOT like the American
court system. In the American court system it is confrontational: prosecution vs. defense. The prosecution is responsible to attain the truth of the situation; the defense is just that to defend the person against the charges.

In the canonical trial, it is based on Roman law, which states the truth will come to the surface after all have testified about the situation. Everyone is separated and no one sees the other’s testimony. The truth will come from all. In an annulment proceeding, there is no confrontation, no one sees or hears what the other states. Again, it is not about guilt or fault. It is about discovering the truth about the Sacramental bond in so far as humanly possible.