Is divorce a sin when one's spouse is abusive?
The short answer
No. Canon law allows a spouse endangered in body or soul to leave. The Church tolerates civil divorce for just cause, such as safety and settling custody and property, treating it as legal separation. But the person remains married and may not remarry in the Church without an annulment.
A reason to leave
A spouse who gravely endangers the other or the children in soul or body, or makes common life unduly difficult, gives the other a reason to leave — by the bishop's decree or, if delay is dangerous, on one's own authority (CIC 1153).
Resuming common life
The canon says common life should be restored once the danger passes, but because promises to reform in abuse cases are so often broken, an abused spouse may want a priest or psychologist to judge if and when it is safe.
Civil divorce
In such cases the Church regards civil divorce as the equivalent of legal separation and tolerates it for just cause, such as safety or settling property and custody.
Still married
The divorced person is still considered validly married and may not remarry in the Church unless an annulment is granted.
Continue exploring
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- What is an annulment?Q&A
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