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Question Title Posted By Question Date
Millions of Divorces Invalid? John Wednesday, September 22, 2004

Question:

I've read somewhere, that the Church is preparing to have millions of civil divorces invalidated. That the state has at most, secondary authority over our Sacramental Marriages. That the state has illegally created power to put marriages asunder. That the state uses the assets of the 'divorcing' couple to feed the very system that tears them apart. And that perhaps, the Church has just about had it up to HERE?

Is there any truth to that? Is there such a movement in the RC Church? If so, count me in.

It seems to me, that if God is always getting kicked out by the government, then God and the Church could kick the government right out of the Sacraments.

With Prayers,
John

Question Answered by Bro. Ignatius Mary, OLSM+


Dear John:

I do not know where you heard this, but this is a doozy.

The Church has no jurisdiction, no authority, and no power to invalidate civil divorces. Civil divorce is under State authority.

In like manner, the State has NEVER had any jurisdiction, authority, or power to terminate Sacramental Marriages. The Sacrament of Marriage and the Sacramentality of Marriage is under God's authority through His Church. In addition, a valid Sacramental Marriage cannot be terminated by anyone -- not the State, not the Church, and not the couple.

If a couple who has a valid Sacramental Marriage gets a civil divorce, they are STILL married as far as God and the Church are concerned. The civil divorce has no effect on the Sacramentality of the marriage or the state of marrage.

Of course, the fact that the couple did get divorced could be a clue that there is a defect in the marriage that may have been a impediment to Sacramentality, but the civil divorce itself as no effect. Only an investigation by the Marriage Tribunal can determine if there ever was a Sacramental Marriage in such a case.

Should the Marriage Tribunal determine that a Sacramental Marriage does exist, then despite the couple's civil divorce, they are still married in the eyes of God and the Church and will be committing adultery if they marry someone else.

God Bless,
Bro. Ignatius Mary


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