Congregation for Divine Worship and the Discipline of the Sacraments, Divorced permanent deacon refused permission to continue diaconal ministry after declaration of nullity and remarriage, 2003, Private.
A permanent deacon informed the diocesan bishop that following his civil divorce, he wished to remarry. The deacon also expressed a desire to continue in diaconal ministry. A petition was introduced before the diocesan tribunal for a declaration of nullity. At the same time, the diocesan bishop sought advice from the Congregation for Divine Worship and Discipline of the Sacraments. The Congregation refused to grant a dispensation from the requirement of canon 1087, suggesting that if the man wished to remarry in the Church he should seek dismissal from the clerical state and dispensation from its concomitant obligations. What follows is the Congregation's response in English.
CONGREGATIO DE CULTU DIVINO ET DISCIPLINA SACRAMENTORUM
In your letter of _____, you had requested clarification and instructions concerning the possibility of a dispensation being granted from the requirement of can. 1087 so that a Permanent Deacon of the Diocese of _____, who has divorced and now seeks a declaration of nullity with a view to marrying another woman, might continue in Sacred Ministry as a deacon.
An attentive study of the question of whether the aforementioned dispensation from can. 1087 might be granted, in the event that the nullity of the marriage should be established, so that this deacon might marry and continue on in diaconal ministry, has concluded in the negative.
Should this deacon persist in his desire to approach the Sacrament of Matrimony, he is to be encouraged to request dismissal from the clerical state and dispensation from its obligations.
With every good wish and kind regard, I am
Sincerely yours in Christ,
Jorge A. Card. Medina Estevez
Congregation for Divine Worship and the Discipline of the Sacraments, Divorced permanent deacon refused permission to continue diaconal ministry after declaration of nullity and remarriage, 2003, Private, CLSA, Roman Replies and Advisory Opinions, 2003, 21-22.