Case 9. A Drunken Husband

Titius and Titia, Catholic spouses, led a rather prosperous life for two years. Titius, however, then began to cultivate evil companions and indulge in drunkenness. He dissipated in drunkenness not only his own money but also that extorted from his wife by threats and blows. Titia patiently endured the evils for some months; afterwards, lest she be overwhelmed by miseries, she secretly fled with her child and in another region sought a livelihood for herself and the child by the labor of her hands. Caius, a priest, doubted whether he could absolve her when she confessed the aforesaid things in the sacred tribunal. Hence it is asked:

1. What are full and partial divorce?

2. For what causes is it lawful to institute a partial divorce?

3. Is it lawful for a partial divorce to be made by private authority?

4. What is to be said of the case?

1. What is divortium plenum and semiplenum?

Dissolution of the bond of marriage is called divortium plenum; separation a toro et mensa, or judicial separation, divortium semiplenum.

2. For what reasons may judicial separation be obtained?

By ecclesiastical law perpetual judicial separation may be obtained for adultery, heresy of the other party, and by mutual consent for a good purpose if there is no danger of incontinence. Temporary separation is allowed on account of serious danger to soul or body.¹

1 Manual of Moral Theology, vol. ii, 281.

3. Is this separation allowed by private authority?

When adultery is certain, complete, formal, and not condoned, the innocent party may separate on his private authority. This may be done in the other cases if there is danger in delay. Regularly, and especially if the sufficiency or reality of the cause is uncertain, the judgment of the bishop should be invoked.

4. The case. It would hardly be advisable or safe to tell people in the position of Titia that they are free to separate from a drunken and cruel husband. Such a doctrine would probably lead too many to exaggerate their own woes and to think that they were justified in leaving their husbands. Still in the circumstances mentioned in the case, Caius may absolve Titia without requiring her to go back to her husband, or to consult the bishop. Before the fact it might be difficult to countenance such a proceeding as that of Titia, but when she has done it in more or less good faith it may be tolerated by the confessor.²

2 Génicot, vol. ii, n. 258.