The Abbreviated Matrimonial Process before the Bishop and Ecclesiastical Divorce in the Orthodox Churches
The Abbreviated Matrimonial Process before the Bishop and Ecclesiastical Divorce in the Orthodox Churches

Summary/Abstract: The article presents a critical examination of the abbreviated process beforethe bishop and ecclesiastical divorce in the Orthodox Churches. The basic point ofdeparture for the analysis is the post-synodal Apostolic Exhortation Amoris laetitiapromulgated by Pope Francis. Article 244 in the subsection entitled “Accompanimentafter breakdown and divorce” explains Pope Francis’ motivation behind the modificationsto the briefer process before the bishop in line with his Apostolic Letter motuproprio Mitis et misericors Iesus. Using a combined method of analysis, synthesis andcomparison, the article aims to present a comprehensive theological and judicial viewon the abbreviated matrimonial process before the bishop and on the practice of theOrthodox Churches in the process of ecclesiastical divorce. The textual analysisrevealed that the primary reason for the modifications was the length of the processas it posed considerable difficulties and exhausted the parties involved. Pope Francis’recent documents on the subject have resulted in simplification of the procedureseventually granting the declaration of nullity of marriage. These documents have highlighteda very important component of the Second Vatican Council’s teaching thatthe bishop himself, in his local church over which he has been appointed shepherdand head, is at the same time a judge of the faithful entrusted to him. The article alsoemphasizes that bishops do not delegate the said ministry entrusted to them to otherstructures within their eparchies but exercise their ministry personally for the salvationof immortal souls.

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