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Bishops Respond: Plea to Drop their Divorce Mandate

Bishops Respond: Plea to Drop their Divorce Mandate

  • Posted by Mary's Advocates
  • On May 17, 2025
  • 2 Comments

Earlier, we submitted a petition to select bishops asking them to drop their divorce mandate. Signers included priests, canon lawyers, and theology professors.  We received only three responses—two of them highlight just how inconsistent the Church’s leadership really is.  Watch my reaction:

Both Archbishop Salvatore Cordileone and Bishop Thomas John Paprocki share membership in two USCCB’s committees: “Laity, Marriage, Family Life, and Youth” and “Canonical Affairs.”

Archbishop Cordileone, in San Francisco, says his Tribunal does not require a civil divorce prior to investigating the invalidity of a marriage; “if the [annulment] petitioner has a civil divorce decree, we ask him or her to submit a copy. If the judge, however, has full proof of that irreparability without such [divorce] decree, the [tribunal] judge may accept the case.”

Bishop Paprocki, in Springfield Illinois, says something different:

No diocese is mandating anyone to get a divorce. While a Catholic tribunal in virtually all dioceses will not open a canonical process to determine the validity of a marriage if the couple is still married civilly, this is not the same as requiring them to get divorced. The Catholic Church does not want to see people get divorced. The approach you suggest, however, could result in the anomalous situation of separated couples having their marriages declared canonically invalid while they are still married civilly. Doing so could also expose dioceses, tribunal personnel, and parish clergy to potential lawsuits in those states that recognize a cause of action known as alienation of affection, which allows someone who was currently or formerly married to sue a third party for interfering with their marital relationship.

According to findlaw.com, only six states allow suits for this kind of interference, and the aggrieved party would have to prove the following. I cannot even imagine a situation where this would be applicable.

Criminal conversation

  • You (Plaintiff brining suit) were in a valid marriage with your spouse
  • The party you are suing (diocese personnel) had sex with your spouse during your marriage

Alienation of affection

  • You (Plaintiff brining suit) are in a valid marriage
  • There is love and affection in the marriage
  • The defendant (diocese personnel) caused or contributed to the loss of love and affection
  • Your spouse’s love or affection was, in fact, lost

Intentional Infliction of Emotional Distress

  • The defendant (diocese personnel) acted intentionally or recklessly
  • The defendant’s conduct was extreme and outrageous
  • The conduct was the cause of severe emotional distress
 

2 Comments

Daniel McKenna
  • May 28 2025
  • Reply
Hello, What can I help you do to continue to raise this issue with and move US Dioceses to follow Canon Law? I have heard this argument about alienation of affection being why they require a divorce decree before investigation into invalidity. It's bogus. Another issue is tribunals not requiring a person petition their bishop for permission to separate before separation let alone seeking a divorce, which is PROHIBITED by the Canon Code. I'm ready to help you in this fight. Help me get involved.
John FARRELL
  • May 19 2025
  • Reply
Paprocki "a Catholic tribunal in virtually all dioceses will not open a canonical process to determine the validity of a marriage if the couple is still married civilly, this is not the same as requiring them to get divorced." Yes it is, because a Catholic has a right to have their case considered, and requiring civil divorce first = just that.

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