Key takeaways:
- The Catholic Church teaches that a valid, consummated marriage between baptized persons cannot be dissolved by any human power, except by death (Code of Canon Law, canon 1141).
- A civil divorce does not end the marriage in the Church’s eyes, but the Catechism says it can be tolerated when it is the only way to secure legal rights, care for children or protect an inheritance (CCC 2383).
- Being divorced does not mean you are excommunicated. The US bishops encourage divorced Catholics to make frequent use of the sacraments. Remarrying without a declaration of nullity is what affects receiving Communion (CCC 1650).
- A declaration of nullity (annulment) is a Church tribunal finding that a marriage lacked something essential from the start. It does not make children illegitimate and has no effect on your civil divorce.
Last reviewed: October 22, 2026. This article is general information about US law, not legal advice. Laws change and every situation is different, so talk to a licensed attorney in your state about your own case. For questions about your standing in the Church, talk to a priest or your diocesan tribunal.
If you are Catholic and your marriage is ending, you may be carrying two worries at once: what the law requires, and what your faith allows. The two systems work separately. The state decides your legal status, property, support and custody. The Church decides questions about the marriage bond and the sacraments. This guide explains both, using the Church’s own texts.
Contents
- What the Church teaches about marriage
- When the Church permits separation
- Civil divorce and civil law
- Divorce, remarriage and the sacraments
- Annulment: what it is and how it works
- FAQ
What the Church teaches about marriage
The Catechism of the Catholic Church says Jesus “insisted on the original intention of the Creator who willed that marriage be indissoluble” (CCC 2382). The Code of Canon Law puts it directly: “A marriage that is ratum et consummatum can be dissolved by no human power and by no cause, except death” (canon 1141). A marriage is ratum when it is a valid marriage between baptized persons, and consummatum when the spouses have had marital relations after the wedding (canon 1061).
The Church also presumes that a marriage is valid unless the contrary is proven (canon 1060). That is why the annulment process, explained below, is an investigation rather than a formality.
When the Church permits separation
Spouses have a duty and a right to live together “unless a legitimate cause excuses them” (canon 1151). Canon law recognizes these causes:
| Canon | Cause for separation |
|---|---|
| 1152 | Adultery by the other spouse, unless the innocent spouse condoned it, consented to it, gave cause for it or also committed adultery. Forgiveness is “earnestly recommended” but not required. |
| 1153 | A spouse “causes grave mental or physical danger to the other spouse or to the offspring or otherwise renders common life too difficult.” The other spouse may leave by decree of the local ordinary, or on their own authority “if there is danger in delay.” |
| 1154 | After any separation, “the adequate support and education of the children must always be suitably provided.” |
The Catechism adds that when living together “becomes practically impossible for a variety of reasons,” the Church permits physical separation, though the spouses remain married before God and are not free to marry someone else (CCC 1649).
If you are in danger, the Church’s own law allows you to leave immediately (canon 1153). You can also ask a civil court for a protective order. The National Domestic Violence Hotline is 1-800-799-7233, or call 911 in an emergency.
Civil divorce and civil law
The Catechism calls divorce “a grave offense against the natural law” (CCC 2384), but it also says: “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” (CCC 2383). It also recognizes that a spouse can be “the innocent victim of a divorce decreed by civil law” (CCC 2386).
On the civil side, marriage and divorce in the US are governed by state law, and every state offers some form of no-fault divorce. A civil divorce settles your legal status, property and debt division, spousal support, custody and child support. Many states also offer legal separation, which resolves the same issues without ending the legal marriage. In California, for example, legal separation has no six-month waiting period, while a divorce takes at least six months.
The two systems do not override each other. A civil divorce does not dissolve the marriage in the Church, and a Church declaration of nullity does not change your legal marital status, property division or custody orders.
Divorce, remarriage and the sacraments
Many Catholics believe divorce means automatic excommunication. It does not. The US Conference of Catholic Bishops has encouraged divorced Catholics to “make frequent use of the sacraments,” especially the Eucharist and Reconciliation.
The situation changes with remarriage. The Catechism says that if the divorced are remarried civilly, without the first marriage having been declared null, “they cannot receive Eucharistic communion as long as this situation persists” and “cannot exercise certain ecclesial responsibilities” (CCC 1650). Even then, it says they should not “consider themselves separated from the Church” and encourages them to attend Mass, pray and raise their children in the faith (CCC 1651).
Godparent or sponsor? Canon law requires a sponsor to be a confirmed Catholic who has received the Eucharist and “leads a life of faith in keeping with the function to be taken on” (canon 874). Being divorced does not by itself appear on that list. If you have remarried, talk with the pastor of the parish where the baptism or confirmation will take place.
Annulment: what it is and how it works
A “declaration of nullity” is a decision by a Church tribunal that a marriage, presumed valid, was missing at least one essential element at the time of the wedding. As the USCCB puts it, nothing is made null through the process. It does not deny that the relationship existed. If granted, both parties are generally free to marry in the Church.
Children are not affected
Canon 1137 provides that children conceived or born of a valid or putative marriage are legitimate. A putative marriage is an invalid one that at least one party entered in good faith (canon 1061). The USCCB confirms that a declaration of nullity has no effect on the legitimacy of children, and parents’ obligations to their children continue.
The process
- You submit a petition with written testimony and names of witnesses to your diocesan tribunal.
- The tribunal contacts your former spouse, who may participate. The case can continue if they do not.
- A “defender of the bond” argues for the validity of the marriage, and each party may have a Church advocate.
- The tribunal issues a decision, which can be appealed.
In 2015, Pope Francis reformed the process with the document Mitis Iudex Dominus Iesus, effective December 8, 2015. A second confirming decision is no longer required, and a shorter process before the diocesan bishop is available when the case for nullity is particularly clear. He also asked that the process be free of charge where possible.
Cost and timing
The USCCB says that, depending on diocesan subsidies, a nominal fee may apply, fees can often be paid over time, and they can be reduced or waived for hardship. Expert consultations or a private canon lawyer can add costs. How long it takes depends on the type of process and the diocese, and the USCCB advises not setting a wedding date until a final decision is in hand.
FAQ
Can a Catholic get a divorce?
A Catholic can obtain a civil divorce. The Church does not see it as ending a valid marriage, but the Catechism says it can be tolerated when it is the only way to secure legal rights, care for children or protect an inheritance.
Can I receive Communion if I am divorced but not remarried?
Divorce by itself does not bar you from Communion, and the US bishops encourage divorced Catholics to receive the sacraments often. The Catechism says those who remarry civilly without a declaration of nullity cannot receive Communion while that situation continues.
Does an annulment make my children illegitimate?
No. Canon law treats children of a valid or putative marriage as legitimate, and the USCCB says a declaration of nullity has no effect on the legitimacy of children.
Does a church annulment end my civil marriage?
No. In the US, only a civil court can end your legal marriage or decide property, support and custody. You generally need a civil divorce or civil annulment for legal purposes.
Sources: Code of Canon Law, canons 1060, 1061, 1137, 1141, 1151 to 1155; Code of Canon Law, canon 874; Catechism of the Catholic Church 2382 to 2386; Catechism of the Catholic Church 1649 to 1651; USCCB, Annulment; Pope Francis, Mitis Iudex Dominus Iesus (2015); California Courts Self-Help: Divorce.
