[E]xperts in Church law and moral theology must explore how justice and natural law should be applied in common cases of separation. It would not be too hard to list, for example, 20 common reasons why marriage’s break-up. We could include legitimate reasons for ecclesiastical separation decrees intermixed with grounds for invalidity of marriage when those are applicable. There are many questions that need to be answered so the faithful can receive instructions about the parameters of a separation plan that is in accord with divine law.

Consider, for example, a wife that wants to divorce her husband because she feels they have grown apart. Shouldn’t the children keep in every-day contact with their father? Shouldn’t the wife be expected to contribute her share to the maintenance of home where the innocent husband can live with the children? In no-fault divorce decrees, the wife has the power to financially devastate her children by forcing the resources of two parents to be split to maintain two households.

Imagine a case in which one party is faithful to the marriage and did not cause the separation or divorce. Shouldn’t that party be able to have the children live with him?

Think about one who was responsible a break up (who was either the cause of the separation, or the cause of an invalid marriage). Picture a man who abandoned a marriage because he wanted to have a sexual relationship with another woman. Presume it could be proven that this man entered an invalid marriage because he simulated his vows and never intended to be sexually faithful. After separation, if he wants to see the children, shouldn’t he see them in such a way as to not disturb the normal household and community schedule of the children with their mother? No-fault divorce decrees commonly would order the children to spend overnight visits with their Dad and his new sex partner.

Answers to these questions can show what is in accord with divine law and even natural law.

In conclusion, I emphasize the dire need for the Church to implement our own Canon law about separation of spouses before anyone files for divorce in the civil forum – especially in regions with civil no-fault divorce. Canon 1692 §2 has the bishop consider whether or not a civil decree would be in accord with divine law. When a professed Catholic abandons his or her marriage for no morally legitimate reason, I ask the Church to implement canon law and to do what Pope Leo XIII described in Arcanum: “soften the evils of separation by such remedies and helps as are suited to the parties’ condition and never cease to endeavor to bring about reconciliation.”