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Separation while the bond endures
"Spouses have the duty and right to preserve conjugal living unless a legitimate cause excuses them."  (CIC #1151)
The actual living together of the spouses in a marriage is essential if the purposes of marriage are to be attained.  The "partnership of the whole of life" (CIC #1055) that defines marriage and sets it apart from the single state depends on the couples' actually being together.  The common life (convictus conjugalis) is a fundamental obligation of marriage; the spouses must be present to each other in order to bring about the union.  The gravity of the obligation, therefore, is related to the nature of marriage itself.
Nevertheless, marital problems are a reality, and the reception of holy orders does not confer immunity to this pervasive human phenomenon.  Situations may arise which make the harmonious living of married life impossible.  While the spouses have a serious obligation to do all in their power to foster the common life, a separation may be the only prudent way of dealing with a relationship that has deteriorated to a point that is opposite of what a marriage should be.
Because of the indissoluble nature of marriage, the Church give practical witness to the seriousness of the marital covenant by requiring couples to submit their case to the Church when separation is contemplated.  (CIC #1152.3)  This step, too often ignored by the partners in a difficult marriage, is particularly important when the deacon and his wife are struggling to balance their marriage commitment against the demands of diaconal ministry.  They should not agree to separation without first taking advantage of the best available counseling.  They have a responsibility to do whatever is possible to avoid civil divorce and to build a health marriage.  When both are willing to honestly work at conflicts and build a relationship, there is a good chance divorce can be prevented.
When a deacon and his wife separate without ecclesiastical permission, neither may be deprived of the sacraments unless one or the other enters a subsequent marriage without ecclesiastical approval.
 
Civil Divorce
All Catholic couples, and especially deacon couples, should obtain ecclesiastical permission before initiating a civil divorce action.  Written notification should be sent to the Bishop that divorce has become the last option available.  Whether or not this prior permission is obtained, a final decree of civil divorce is not, in and of itself, cause for the imposition of any ecclesiastical penalties.  The Bishop may decide whether the faculties of a deacon who is party to a divorce should be withdrawn, suspended, or left in effect without interruption.  The Deacon Community has, in these circumstances, a particular demand placed upon its charitable and fraternal support of the persons involved.
 
 

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