The code of canon law
specifies the limited reasons
in which separation is justified
Can. 1153 --- § 1. A spouse
who occasions grave danger of soul or body to the other or to the children,
or otherwise makes the common life unduly difficult, provides the other
spouse with a lawful reason to leave, either by a decree of the local Ordinary
or, if there is danger in delay, even on his or her own authority.
§ 2. In all cases, when
the reason for separation ceases, the common conjugal life is to be restored
unless otherwise provided by ecclesiastical authority
President of the Pontifical Council
of Legislative Texts
Recommends commentary that explains
when it is a NOT a good idea to be separateed
Blameless,
unhappy situations not only fail to constitute reason for suspension of
the right and obligation to common life in its sense of solidarity and
of sharing, but they also represent cases in which one of the ends of marriage,
mutual assistance, must manifest itself in all its width and depth. It
is not is the hands of the spouse nor in the power of human judges to suspend
an obligation of natural law which has been imposed not only for favorable
times, but also for the difficult and painful circumstances of life, when
help is most needed from the person who is of the same flesh as the one
suffering the misfortune ("[...] to have and to hold, from this day forward,
for better, for worse, for richer, for poorer, in sickness and in health
[...]" Rite of Marriage 25). (Full excerpts below) (Code of Canon Law
Annotated, Midwest Theological Forum, page 1324 ISBN 1-890177-44-X) http://www.marysadvocates.org/Herranz1153.html
Recommends commentary that explains
one needs bishops' authorization to ensure civil divorce will be morally
acceptable
Paragraphs
2 and 3 [canon 1692] consider some cases where the spouses, after obtaining
authorization from the diocesan bishop of their place of domicile, bring
their case before the civil forum. Since divorce laws have proliferated
in many countries, the need to request the diocesan bishop's authorization
is a necessary precaution, which prevents the fostering of [civil (transcriber's
note)] trials whose judgments violate precepts of divine law, to the detriment
of the spouses and with the risk of scandal to others. (Full excerpts below)
(Code of Canon Law Annotated, Midwest Theological Forum, page 1324 ISBN
1-890177-44-X) http://www.marysadvocates.org/Herranz.html
Article published in Catholic Exchange.com
explains when separation or divorce is justified
No-Fault Divorce Procedures Destroy
Families: How the Catholic Church Can Stand up and Speak out 1/20/05
By divine
design, a married man and woman have obligated themselves to live together,
and authoritative Church teaching lists offenses which justify separation:
adultery, physical abuse, spiritual abuse, and making life unduly difficult
(Woywood, Ayrinhac, Augustine, Ivars, Madero). The intended meaning of
these terms is explained in commentary recommended by the current president
of the Pontifical Council of Legislative Texts in the Roman Curia (Odegaard).
Spiritual abuse is when it becomes impossible for an innocent spouse or
children to practice their faith. Unduly difficult means abuse is seriously
grave such that it makes common life dangerous for the spouse or children;
it must be repeated, and can only be prevented by separation (Ivars 1585).
Arguing is not a reason to separate. Disappointment caused by receiving
less emotional gratification from marriage than expected is not a good
reason either. According to canon law, in all cases, except for adultery,
both parties are obligated to work to mature, to eliminate the cause for
separation and to reconcile their marriage — for their own good and the
good of the children. If one refuses, he or she is likely abandoning a
marriage, which is a malicious, unacceptable choice (Ivars 1585). Those
who separate without good reason per se are not worthy of absolution unless
they resume cohabitation (Ayrinhac 335). http://www.catholicexchange.com/vm/index.asp?vm_id=97&art_id=27070
Pope tells priests to promote and support
indissolubiliy with actions
(sec 5)
One cannot give in to the divorce mentality: confidence in the natural
and supernatural gifts of God to man prevents that. Pastoral activity must
support and promote indissolubility. The doctrinal aspects should be transmitted,
clarified and defended, but even more important are consistent actions.
Whenever a couple is going through difficulties, the sympathy of Pastors,
and of the other faithful must be combined with clarity and fortitude in
remembering that conjugal love is the way to work out a positive solution
to their crisis. Given that God has united them by means of an indissoluble
bond, the husband and wife by utilizing all their human resources, together
with good will, and by, above all, confiding in the assistance of divine
grace, can and should emerge from their moments of crisis renewed and strengthened.
Pope's address to the Roman Rota, Jan 28, 2002
Pope tells lawyers they must not cooperate
with immoral divorce
(sec 9)
On the other hand, professionals in the field of civil law should avoid
being personally involved in anything that might imply a cooperation with
divorce. For judges this may prove difficult, since the legal order does
not recognize a conscientious objection to exempt them from giving sentence.
For grave
and proportionate motives they may therefore act in accord with the traditional
principles of material cooperation. But they too must seek effective means
to encourage marital unions, especially through a wisely handled work of
reconciliation.
Lawyers,
as independent professionals, should always decline the use of their profession
for an end that is contrary to justice, as is divorce. They can only cooperate
in this kind of activity when, in the intention of the client, it is not
directed to the break-up of the marriage, but to the securing of other
legitimate effects that can only be obtained through such a judicial process
in the established legal order (cf. Catechism of the Catholic Church, n.
2383). In this way, with their work of assisting and reconciling persons
who are going through a marital crises, lawyers truly serve the rights
of the person and avoid becoming mere technicians at the service of any
interest whatever. Pope's address to the Roman Rota, Jan 28, 2002
http://www.vatican.va/holy_father/john_paul_ii/speeches/2002/january/documents/hf_jp-ii_spe_20020128_roman-rota_en.html