Catholic Divorce Attorneys Should Heed Pope!
New Orleans
February 13, 2002
The Clarion Herald

http://www.clarionherald.org/20020213/art003.htm

BY FATHER CHRISTOPHER NALTY

If you’re a Catholic lawyer who believes it’s acceptable to stroll down the buffet of Catholic teachings filling your plate with the meatloaf of the Trinity and the mashed potatoes of the Mass while ignoring the spinach of “Humanae Vitae” (contraception is wrong) and the cauliflower of “Evan-gelium Vitae” (abortion and capital punishment are wrong), then skip ahead to Buddy D’s column. You’re not likely to find anything appetizing here.

On Jan. 28, the Holy Father addressed the Roman Rota, and reiterated Catholic teaching on the indissolubility of marriage. Noting that Jesus said “what God has joined, let no man put asunder,” the Pope John Paul II actually had the nerve to ask Catholic lawyers to examine their consciences to determine whether they are cooperating in promoting a “divorce mentality” that regards marriage as dissoluble.

The argument goes like this:

1. Indissoluble marriage is part of God’s loving plan for his people;

2. Divorce is contrary to God’s plan;

3. Participating in divorce is working contrary to God’s plan.

In Catholic theology, marriage is a profound mystery that points to the relationship between Christ and the Church (Eph 5:32). In other words, the essential properties of marriage – unity and indissolubility – are signs of Christ’s permanent love for us. As the pope stated: “It is God who has joined man and woman together in the marital bond. Certainly this union takes place with the free consent of both parties, but this human consent concerns a plan that is divine.” He continues: “The good of indissolubility is the good of marriage itself; and the lack of understanding of its indissoluble character constitutes the lack of understanding of the essence of marriage.” Indissolubility is a “fact” of marriage. Cultural disregard of this “fact” doesn’t change it.

The epidemic of divorce in modern culture is tragic. We have friends who bear the scars of “failed relationships” and know children who come from “broken homes.” Yet our culture still regards divorce as a solution to the problem of troubled marriages. This mentality is contrary to God’s plan. The Holy Father stated: “Whenever a couple is going through difficulties, the sympathy of pastors, and of the other faithful must be combined with clarity and fortitude in remembering that conjugal love is the way to work out a positive solution to their crisis. Given that God has united them by means of an indissoluble bond, the husband and wife by utilizing all their human resources, together with good will, and by, above all, confiding in the assistance of divine grace, can and should emerge from their moments of crisis renewed and strengthened.”

So how does this affect us lawyers? Since marriage is indissoluble and divorce is wrong, we should work to promote the indissolubility of marriage and resist promoting divorce as a solution to marital difficulties. The pope said lawyers “should always decline the use of their profession for an end that is contrary to justice, as is divorce. They can only cooperate in this kind of activity when, in the intention of the client, it is not directed to the breakup of the marriage, but to the securing of other legitimate effects that can only be obtained through such a judicial process in the established legal order. In this way, with their work of assisting and reconciling persons who are going through a marital crises, lawyers truly serve the rights of the person and avoid becoming mere technicians at the service of any interest whatever.”

In other words, promoting and profiting from the epidemic of divorce is working against justice. Exceptions to this rule are possible where the motive of the divorce proceeding is to ensure certain legal rights, the care of children, or the protection of inheritance; and even Canon Law allows spouses to live separately in certain grave circumstances.

Lawyers are constantly called upon to make ethical decisions that may have detrimental effects on their bottom line. And Catholic lawyers have a special obligation to show Christian obedience to the teachings of the Church. According to the Code of Canon Law: “Each lay person in accord with his or her condition is bound by a special duty to imbue and perfect the order of temporal affairs with the spirit of the Gospel; they thus give witness to Christ in a special way in carrying out those affairs and in exercising secular duties” (can. 225, 2). The Catholic Catechism is the menu for a happy life. And a balanced diet means digesting all of the courses.

(Father Christopher H. Nalty is parochial vicar at St. Elizabeth Ann Seton Parish in Kenner.  He is a civil and canon lawyer.)