Recently I have been asked several times about remarriage and the permanent diaconate. In the present state-of-affairs, which may eventually require changes in canon law (a subject I address in my thesis), permanent deacons follow the discipline of clergy of the Eastern Churches, Catholic and Orthodox. This means that if a deacon is to be married, he must marry prior to ordination because, according to canon 1087,
"Those in sacred orders invalidly attempt marriage." In the eventuality that a deacon is widowed, he is not normatively free to remarry under canon law. This seems almost shocking to people. Keep in mind that in the early church being married twice was quite scandalous and frowned upon for anybody! According to canon 1078 §2 1/, a widowed permanent deacon who wishes to remarry must receive a dispensation from the impediment of holy orders. Granting this dispensation is reserved exclusively to the Holy See. It bears noting that requests for this dispensation have not been routinely granted.
In 1997, the Congregation for Divine Worship and the Discipline of the Sacraments, at the behest of Pope John Paul II, set forth three conditions under which a dispensation from the impediment of holy orders for a widowed permanent deacon to remarry would be considered: "1) the great and proven usefulness of the ministry of deacon to the diocese to which he belongs; 2) the fact that he has children of such a tender age as to be in need of motherly care; 3) the fact that he has parents or parents-in-law who are elderly and in need of care" (from
New Commentary on the Code of Canon Law, pgs. 358-9).
I cannot imagine a permanent deacon who divorces receiving a dispensation to remarry, even after an annulment had been sought and granted, which would certainly be a prerequisite. I suppose a dispensation could be requested in such a situation, but only if any of three conditions listed above applied. However, I am certainly open to expert feedback on this matter.
