Canon 11
Dissolution of the Marital Bond and Subsequent Marriage
11.1
Recognizing the reality that some marital bonds may dissolve and
cannot be reconciled, the Church does not believe that the
Sacramental Grace can remain present in a marital relationship in
which there is emotional or physical violence, permanent
abandonment, or the proven inability to maintain marital fidelity.
The Grace of the Sacrament is not present in such relationships of
pain and misery. Thus, the Church must allow persons the freedom to
leave such relationships and to permit such persons the opportunity
to invite Christ into a spirit-filled Marriage.
11.2 One may
petition the Church to declare a Marriage non-binding and nullified
for the following conditions:
§1
Physical violence.
§2
Psychological violence.
§3
Permanent abandonment.
§4 Proven
inability to maintain marital fidelity.
§5
Realization of true sexual orientation incompatible with the form of
the Marriage.
11.3 One who
wishes to enter into a subsequent Marriage must present documented
evidence of such conditions from their previous Marriage to their
pastor prior to attempting such a Marriage.
11.4 Upon
obtaining all necessary information, evidence, and documentation
related to a petition, the pastor will investigate and ascertain the
weight of the evidence and submit a recommendation to the local
ordinary that a Grant of Dissolution be issued
§1 A Grant
of Dissolution cannot be issued prior to the finalization of a civil
decree of divorce.
§2 The
local ordinary must respond to petitions for a Grant of Dissolution
within one calendar month of receipt.
§3 The
local ordinary alone possesses faculties to issue a Grant of
Dissolution.
11.5
Petitioners for a Grant of Dissolution, who have had two or more
previous Marriages, must make their petition directly to the local
ordinary.
11.6
Petitioners who submit false or misleading information, or who omit
relevant information on their applications will have their petitions
for a Grant of Dissolution summarily dismissed.
11.7
Candidates for a subsequent Marriage must be provided with extended
pastoral counseling prior to entering into the Sacrament.
11.8 A
dispensation from the provisions of Canon 10.2 can be given by the
local ordinary only for a grave reason.
Return to Canon Law Main
Page