This article answers common moral questions on civil divorce and legal practice relevant to faithful Catholics in the legal field, such as whether a Catholic lawyer may be morally involved in civil divorce litigation and, if so, to what extent, in light of basic Catholic moral principles on marriage and civil divorce. It addresses moral dilemmas that Catholic legal practitioners, judges and law students may face in employment situations and divorce-related legal services. In addition, the article addresses civil divorce alternatives like reconciliation, declaration of marriage nullity and legal separation.
Clients have a right to a fair trial. Judges and other officials ensure fairness by observing secrecy (cf. can. 1455, CIC 1983). This is necessary in a penal trial and in some cases also in a contentious trial. Judges are also required to maintain confidentiality concerning the discussion among them in a collegiate tribunal when making their judgement. If they breach the law of secrecy, they are punished with appropriate penalties and also with dismissal from office. The judicial examination of the parties is the core of the process. This phase leads the gathering of that important information which can lead the judge to the truth (art. 177, DC). “The best way of obtaining evidence are the statements of the spouses. The spouses are expected to be sincere and honest when describing their failed marriage.” A judge is obliged to remind the parties and the witnesses about their duty to speak the whole truth and only the truth.
Ensuring Justice and Searching for Truth in the Marriage Nullity Process