Dear Dave:

For a valid and sacramental marriage there can be no justification for divorce in the usual sense of the word.

For serious reasons the Church does allow a separation (usually temporary, but for adultery can be permanent). The innocent party must petition the Bishop to approve the separation. It must be remembered that this is a "separation" NOT a termination of the marriage which is not possible if the marriage is sacramental.

Canon Law 1151-1155 govern the Separation of spouses with the marriage bond intact:

Can.  1151 Spouses have the duty and right to preserve conjugal living unless a legitimate cause excuses them.

Can.  1152 ?1. Although it is earnestly recommended that a spouse, moved by Christian charity and concerned for the good of the family, not refuse forgiveness to an adulterous partner and not disrupt conjugal life, nevertheless, if the spouse did not condone the fault of the other expressly or tacitly, the spouse has the right to sever conjugal living unless the spouse consented to the adultery, gave cause for it, or also committed adultery.

?2. Tacit condonation exists if the innocent spouse has had marital relations voluntarily with the other spouse after having become certain of the adultery. It is presumed, moreover, if the spouse observed conjugal living for six months and did not make recourse to the ecclesiastical or civil authority.

?3. If the innocent spouse has severed conjugal living voluntarily, the spouse is to introduce a cause for separation within six months to the competent ecclesiastical authority which, after having investigated all the circumstances, is to consider carefully whether the innocent spouse can be moved to forgive the fault and not to prolong the separation permanently.

Can.  1153 ?1. If either of the spouses causes grave mental or physical danger to the other spouse or to the offspring or otherwise renders common life too difficult, that spouse gives the other a legitimate cause for leaving, either by decree of the local ordinary or even on his or her own authority if there is danger in delay.

?2. In all cases, when the cause for the separation ceases, conjugal living must be restored unless ecclesiastical authority has established otherwise.

Can.  1154 After the separation of the spouses has taken place, the adequate support and education of the children must always be suitably provided.

Can.  1155 The innocent spouse laudably can re-admit the other spouse to conjugal life; in this case the innocent spouse renounces the right to separate.

As can been seen in the above canons adultery is grounds for separation, and in some cases even permanent separation. The Church, however, admonishes the innocent party to be forgiving even in the case of adultery, but the innocent party does have the right to petition for separation. (It should be noted that adultery does not automatically mean a marriage must end. There are many couples who work through this and go on to have good marriages).

Other reasons for separation include occasions of domestic violence, child abuse, mental abuse, or other reasons that "makes the common life unduly difficult". Irreconcilable differences, boredom, falling out of love, being unhappy, etc. are NOT justifiable reason for separation; there must be a demonstrable "fault" committed by one of the spouses.

The principles of separation in canon law is based on "fault" of one of the spouses, and the innocence and lack of condonation of the other spouse. Until recent decades the "fault-based" approach to divorce historically used in most Western Countries was based on this model in Canon Law.

Although, unfortunately, in civil law we now have a "no-fault" divorce, in terms of Canonical Separation there is no provision for "no-fault" approach; one of the spouses must be at fault for something and the other spouse innocent and no condoning the other's behavior.

The Canon also provides for the financial support and the education of the children.

These are the Canonical provisions for separation. Now, the problem is to enforce the need for the children to be financially and educationally supported. In addition are the practical matters of child custody during the separation, spousal maintenance, division of property, etc.

It would be great to say that all of these issues could be agreed upon amongst the spouses without the need for a court decree to protect the rights of all parties. The reality, however, is that it can be a rare thing to have such cooperation between spouses -- especially if the relationship has deteriorated to greater levels of hostility.

Many years ago this situation would have been handled by a  proceeding in civil law called a "legal separation" whereby terms of property division, child custody, child support, spousal maintenance, etc. was established in the separation decree and enforced by the court . This procedure maintained the marriage, but formalized the separation with the protection of rights for all parties.

"Legal Separation" is not a procedure used much anymore, if at all. Thus, what can a person do to protect the rights of their children and themselves if there is a need to separate?

In such a case a bishop can authorized a civil divorce in grave circumstances, in order to secure the rights, welfare, and safety of the children and the petitioning spouse. While the civil law is granting a termination of the marriage (divorce) and not a separation technically, as far as the Church is concerned the legal divorce is to be considered a "canonical separation" -- the person is still married in the eyes of the Church and of God, but separated from the conjugal life, and there is an obligation to try to reconcile if possible.

In the end, if and when a divorce is procured and reconciliation is not possible, then the spouse may petition the Church for an annulment to determine if the marriage was indeed Sacramental.

God bless,
Bro. Ignatius Mary