Instances where divorce is not a moral offence (1)
During the present debate about divorce, reference is often made to paragraph 2,383 of the Catechism of the Catholic Church which states: “The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by...
During the present debate about divorce, reference is often made to paragraph 2,383 of the Catechism of the Catholic Church which states: “The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by canon law.
“If civil divorce remains the only possible way of ensuring certain legal rights, the care of the children, or the protection of inheritance, it can be tolerated and does not constitute a moral offence.”
Emphasis is made on the final phrase, that divorce “can be tolerated and does not constitute a moral offence.” But when is this the case? Moral theologian Pier Giuseppe Pesce of the Pontificio Ateneo Antonianum, commenting on this paragraph says: “When therefore one has recourse to divorce because it is the only way of resolving a conflict that otherwise could not be healed and to safeguard legitimate rights, without however having the intention of remarrying, he/she is not guilty of a moral offence.” (See Catechismo della Chiesa Cattolica: testo integrale e commento teologico, edizione PIEMME, p. 1,092).
As I understand it, the commentator is saying that one can have recourse to divorce only to obtain the legal status of a divorced person with all the legal rights civil society grants to the divorced. Before God, however, this person will still be bound by his/her marriage vows and therefore cannot licitly remarry.