Ecclesiastical Divorce

"What God has joined, let not man separate." (Matthew 19:6)

The Orthodox Church firmly believes in the sanctity of the marriage bond. St. Paul refers to marriage as a "great mystery", likening the relationship of husband and wife to that of Christ and the Church. Our Lord defended the sanctity of marriage, justifying divorce only on the grounds of unchastity. For this reason the Church is deeply concerned about each marriage and the parish priest will exert every effort to reconcile the couple and avert a 
divorce. However, should this attempt at reconciliation be fruitless, after a civil divorce has been obtained, he will send a petition of the party seeking the ecclesiastical divorce, together with the decree of the civil divorce, to the Spiritual Court of the Metropolis.

Important Note:  Orthodox Christians of the Greek Orthodox Archdiocese who have obtained a civil divorce but not an ecclesiastical divorce may not participate in any of the Holy Sacraments of the Church including: Holy Communion, serve as a Godparent, Serve as a Koumbaros or Koumbara (wedding sponsor), serve on the Parish Council, Diocesan Council, or Archdiocesan Council until they have been granted a divorce by the Church.
The Church realistically recognizes that some marriages may become completely unworkable, causing more damage than good, and thus does allow for divorce. Only when the marriage is seen by the Church to be completely un-salvageable is consideration given to divorce.

Although a civil decree of divorce legally dissolves a marriage in the eyes of the civil authorities, it does not dissolve a marriage in the eyes of the Church if the marriage was blessed in the Orthodox Church. The Church is under no obligation to grant a divorce just because a civil court granted a civil divorce.

In accordance with the November 21, 1973 encyclical of His Eminence, Archbishop Iakovos,Church Canon Law, an Ecclesiastical Divorce is granted and considered valid, when a marriage is entered into by force, blackmail or false reasons. Additional circumstances under which an Ecclesiastical Divorce may be granted.
  • One or both parties is guilty of adultery.
  • One party is proven to be mad, insane or suffers from a social disease which was not disclosed to the spouse prior to the marriage.
  • One party has conspired against the life of the spouse.
  • One party is imprisoned for more than seven years.
  • One party abandons the other for more than three years without approval.
  • One partner should be absent from home without the other's approval, except in in stances when the latter is assured that such absence is due to psycho-neurotic illness.
  • One partner forces the other to engage in illicit affairs with others.
  • One partner does not fulfill the responsibilities of marriage, or when it is medically proven that one party is physically impotent, barred,  or as the result of a sexually transmitted disease.
  • One partner is an addict, thereby creating undue economic hardship.
Comments