In his Commentary on Matthew, for example, Origen (ca. 184–253) notes that many of the bishops of his time permitted both divorce and remarriage among the faithful. Canon 11 of the Council of Arles (314) recommends that a divorced man not remarry so long as his former wife still lives, but also grants that, for healthy young men incapable of the continence this would require of them, remarriage may prove necessary. Basil the Great (ca. 330–379) instructed Amphilochius of Iconium to allow men abandoned by their wives to remarry without penalty. It was he, also, who apparently first established an official penitential discipline for remarried laity: a second marriage, after either bereavement or divorce, requires one to two years of abstinence from the Eucharist, while a third marriage requires three to five. These rules remained canonical at least as late as the days of  Theodore the Studite (759–826) and Patriarch Nicephorus I of Constantinople (c. 758–828). Incidental remarks of Epiphanius of Salamis (c. 315–403) show that remarriage for the divorced was not in his day regarded as an eternal bar to sacramental life. The Council of Carthage (407) proclaimed that abandoned spouses should, ideally, refrain from second marriage, but that, if they could not, they should undergo penance before being readmitted to communion. Even Augustine, while firmly convinced that marriage should as a rule be indissoluble, nonetheless confessed in his Retractiones that he had no final answer on the issue.

The most crucial pronouncements on the matter, however, were promulgated in 692 in the canons attached to the Sixth Ecumenical Council (Constantinople III) of 680–681 by the Council in Trullo. Canon 87, which largely reprises the rule of Basil, prescribes that a man abandoned by his wife be allowed to remarry without any penitential sequel. But if it is he who is the truant spouse, he must endure seven years of penance—the first as a “shedder of tears,” the next two as a “listener,” like a catechumen, the next three as a “maker of prostrations”—before he may take the Eucharist again (without any obligation to dissolve his second marriage).

Divorce, Annulment & Communion | Commonweal Magazine