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RESEARCH PAPER IN THEOLOGY

DIVORCE

SUBMITTED BY:
Baptista, Jomel
Delos Santos, Cedric John
Feliciano, Frances
Gargoles, Nash Elwyn
Lee, Allison
Quilay, Reika
Sanchez, Monica

SUBMITTED TO:
Prof. Ben Atim

March 2016

I.

Overview

II.

Analysis

A. Scriptural Basis
In the Old Testament under Deuteronomy 24:1-4, it is stated there that Moses allowed the
Israelites to have a divorce if the man became displeases with his wife. That is because when the
wife isnt capable of being a wife or bearing the man a child. Both of them can remarry again.
However in Malachi 2:14-16, divorce is contrary to God's will because marriage is a
covenant between a man and his wife. God is a witness to that covenant, and He holds men to it.
If a man violates the covenant, he is dealing treacherously with his wife and God will hold him
accountable. Marriage is, by God's definition, a solemn mutual agreement between a man and
woman to live together as husband and wife. God holds them to that covenant bond and will not
free them from it, even if people declare them to be free.
In the New Testament under Matthew 19:3-9, Jesus was asked whether divorce can
properly be obtained for just any reason a person might have. He answered by appealing to the
original marriage law. Jesus taught that divorce itself, in general, is contrary to God's will. God
made one man for one woman, indicating He did not intend for either to marry anyone else. He
said they should cleave to one another and the two become one - there is no room in God's plan
for a third party. God joins the man and woman, no human has the right to break that bond.
Furthermore, whoever divorces his wife and marries again commits adultery (unless he does it
because she has been guilty of fornication), and whoever marries her who has been divorced also
commits adultery. However, in Matthew 5:32, states that he can only divorced his wife if and
only if there has been fornication or illicit sexual intercourse. Fornication is forbidden because
when a man and woman became husband and wife, they are becoming one and violating it is
violating Gods will.

Another thing in the New Testament under 1 Corinthians 7:10-11, a married woman
should not depart from her husband nor the husband depart from her. But if he/she departs (if
divorce has occurred), she must remain unmarried or else be reconciled to her husband. Clearly
remarriage is not a scriptural alternative. In the eyes of God, there is no divorce and only under
the civil law where they are seen as divorced. For God, if they divorced and remarry again, they
are committing adultery and is against the law of God.
B. Church Teachings
In the Catechism of the Catholic Church, Part III: Life in Christ, Sec. 2 the Ten
Commandments, Art. 6: The Sixth Commandment, states the offenses against the dignity of
marriage. It explains what is adultery and divorce and what is there stand about it.
It refers adultery as a marital infidelity. When two partners, of whom at least one is married
to another party, have sexual relations - even transient ones - they commit adultery. Christ
condemns even adultery of mere desire. The sixth commandment and the New Testament forbid
adultery absolutely. The prophets denounce the gravity of adultery; they see it as an image of the
sin of idolatry. Adultery is an injustice. He who commits adultery fails in his commitment. He
does injury to the sign of the covenant which the marriage bond is, transgresses the rights of the
other spouse, and undermines the institution of marriage by breaking the contract on which it is
based. He compromises the good of human generation and the welfare of children who need their
parents' stable union.
Now for divorce. Divorce is a grave offense against the natural law. It claims to break the
contract, to which the spouses freely consented, to live with each other till death. Divorce does
injury to the covenant of salvation, of which sacramental marriage is the sign. Contracting a new

union, even if it is recognized by civil law, adds to the gravity of the rupture: the remarried
spouse is then in a situation of public and permanent adultery:
If a husband, separated from his wife, approaches another woman, he is an adulterer because
he makes that woman commit adultery, and the woman who lives with him is an adulteress,
because she has drawn another's husband to herself.
Divorce is immoral also because it introduces disorder into the family and into society. This
disorder brings grave harm to the deserted spouse, to children traumatized by the separation of
their parents and often torn between them, and because of its contagious effect which makes it
truly a plague on society. It can happen that one of the spouses is the innocent victim of a divorce
decreed by civil law; this spouse therefore has not contravened the moral law. There is a
considerable difference between a spouse who has sincerely tried to be faithful to the sacrament
of marriage and is unjustly abandoned, and one who through his own grave fault destroys a
canonically valid marriage.
Jesus Christ insisted on the original intention of the Creator who willed that marriage be
indissoluble. He abrogates the accommodations that had slipped into the old Law. Between the
baptized, "a ratified and consummated marriage cannot be dissolved by any human power or for
any reason other than death.

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 offense.