Divorce and remarriage

As the creation of a marriage was a social fact, so was its termination by divorce. The intentional and permanent (not merely temporary) interruption of conjugal life together accomplished a divorce (see Paul, D.

Christian emperors regarded frivolous divorce as an expression of Roman moral decadence, so they rejected the liberal idea of completely unrestricted divorce. They allowed divorce only on certain grounds. After divorce (or termination of marriage by death), each spouse was entitled to remarry. No prohibitions on legal marriage existed for widowers. Wives, however, had to wait for a period of mourning (ten months, and later one year) before marrying again. This rule existed, among other reasons, to avoid confusion about the paternity of any child born after the husband’s death (turbatio sanguinis). After divorce, children born within a legitimate marriage remained under the father’s power. The ex-wife could bring an action to retrieve her dowry, but the husband could retain part of it when divorce was due to the wife’s fault or her father’s instigation, or if the dowry was needed as maintenance for legitimate children.