Question: Are the annulment proceedings like the divorce proceedings, where have to be in the same room with my ex-spouse?
Answer: No. The parties are never put together in the same place the same time during the annulment proceedings. In fact most tribunals collect testimonies through mail or on the telephone, so you never go to the tribunal. A few tribunals around the country have face-to-face interviews with the parties. But again, your ex-spouse will not be present at the same day/time if you have an interview at the tribunal.
Thursday, March 31, 2011
Wednesday, March 30, 2011
I wasn't a Catholic when I married my first husband. Why do I need an annulment?
Question:
I am a baptized Lutheran. I had a justice of the peace marriage to my high school sweetheart when I was 17. It was a terrible marriage. We divorced by the time I was 19. I have been married to my present Catholic husband for the past 15 years. We were married outside of the Catholic Church because of my previous wedding and divorce.
I now want to become a Catholic.
Since I am not Catholic yet, and I was not a Catholic when I got married at 17, do I need an annulment?
Answer:
Yes. The Catholic Church recognizes marriages of non-Catholics as valid in Catholic church law. So even though you are divorced from your first husband, the Catholic Church still considers you husband and wife.
That is why you would need an annulment of your first marriage. If the annulment is granted, you would be free to marry the Catholic man you are now civilly married to in the Catholic Church. Once that happens you are then able to become a member of the Church.
Every divorced person has the right to petition for an annulment. I would encourage you to do so.
I am a baptized Lutheran. I had a justice of the peace marriage to my high school sweetheart when I was 17. It was a terrible marriage. We divorced by the time I was 19. I have been married to my present Catholic husband for the past 15 years. We were married outside of the Catholic Church because of my previous wedding and divorce.
I now want to become a Catholic.
Since I am not Catholic yet, and I was not a Catholic when I got married at 17, do I need an annulment?
Answer:
Yes. The Catholic Church recognizes marriages of non-Catholics as valid in Catholic church law. So even though you are divorced from your first husband, the Catholic Church still considers you husband and wife.
That is why you would need an annulment of your first marriage. If the annulment is granted, you would be free to marry the Catholic man you are now civilly married to in the Catholic Church. Once that happens you are then able to become a member of the Church.
Every divorced person has the right to petition for an annulment. I would encourage you to do so.
Thursday, March 10, 2011
Question: Can I apply for an annulment before my divorce is final?
Answer:
In the US a person cannot apply for an annulment until their civil divorce is final. There is a twofold reason for this. The first is that the Church wants to be sure there is no hope of reconciliation for the couple. A completed civil divorce makes an argument for that assurance. The second would be that the Church would not want to insert itself during divorce proceedings due to a possible conflict of interest, i.e. alienation of affections.
In the US a person cannot apply for an annulment until their civil divorce is final. There is a twofold reason for this. The first is that the Church wants to be sure there is no hope of reconciliation for the couple. A completed civil divorce makes an argument for that assurance. The second would be that the Church would not want to insert itself during divorce proceedings due to a possible conflict of interest, i.e. alienation of affections.
Sunday, February 6, 2011
Twice married and divorced and want to remarry my first wife ...
Question:
I am Catholic man who had a catholic wedding; and, then my wife and I divorced a few years later.
After the divorce I remarried a woman in a civil wedding service without getting a church annulment. I have subsequently divorced her.
Divorced now, I want to remarry my first catholic wife again.
Can we remarry in the Catholic Church and can we receive Holy Communion?
Answer:
You ask a very interesting question. Since the Catholic Church does not recognize civil divorce, you and your first wife are still considered husband and wife in the Catholic Church. So there is no need to "remarry" in the Church. In fact you would not be able to do so - as again - you have been considered husband and wife since your church wedding. The civil divorce did not affect that marital relationship.
In addition, since you are no longer living in your second union [the interim civil marriage], you are presently free to receive all the sacraments, including penance and Holy Communion.
You will need to go through a new "civil marriage" with the woman you are married to in the Catholic Church, since you civilly divorced her. But that is a civil matter and can most likely be done at your local City Hall.
I am Catholic man who had a catholic wedding; and, then my wife and I divorced a few years later.
After the divorce I remarried a woman in a civil wedding service without getting a church annulment. I have subsequently divorced her.
Divorced now, I want to remarry my first catholic wife again.
Can we remarry in the Catholic Church and can we receive Holy Communion?
Answer:
You ask a very interesting question. Since the Catholic Church does not recognize civil divorce, you and your first wife are still considered husband and wife in the Catholic Church. So there is no need to "remarry" in the Church. In fact you would not be able to do so - as again - you have been considered husband and wife since your church wedding. The civil divorce did not affect that marital relationship.
In addition, since you are no longer living in your second union [the interim civil marriage], you are presently free to receive all the sacraments, including penance and Holy Communion.
You will need to go through a new "civil marriage" with the woman you are married to in the Catholic Church, since you civilly divorced her. But that is a civil matter and can most likely be done at your local City Hall.
Sunday, November 21, 2010
My husband does not feel he can attend the wedding ceremony. Any advice?
Question:
My husband and I have been invited to a family wedding, but my husband does not feel he can attend as the bride has been married before. Her first husband announced, after they were married that he was a homosexual, and left his wife. She had no knowledge of this prior to marriage. My husband is Catholic and, as the Church does not allow remarriage, he feels he cannot attend the wedding. The couple getting married is not Catholic, but they are practicing Christians. How would the Catholic Church see the situation? Would remarriage be allowed in such a situation? Thank you.
Answer:
The woman would certainly have grounds to petition the Catholic Church for an annulment of her first marriage. If she could prove that her husband was indeed homosexual at the time of the wedding, the marriage would be annulled. If the annulment was granted, that means she would be free to marry again according to the Catholic Church.
However, since no annulment has been granted, I understand your husband's reluctance to attend the upcoming wedding. Yet given the convictions of his faith, perhaps while the wedding is going on he could spend the wedding time praying for your friend – especially that the Lord will heal the pain she suffered during her first marriage when she discovered her husband's sexual orientation. That had to have been extremely difficult for her.
My husband and I have been invited to a family wedding, but my husband does not feel he can attend as the bride has been married before. Her first husband announced, after they were married that he was a homosexual, and left his wife. She had no knowledge of this prior to marriage. My husband is Catholic and, as the Church does not allow remarriage, he feels he cannot attend the wedding. The couple getting married is not Catholic, but they are practicing Christians. How would the Catholic Church see the situation? Would remarriage be allowed in such a situation? Thank you.
Answer:
The woman would certainly have grounds to petition the Catholic Church for an annulment of her first marriage. If she could prove that her husband was indeed homosexual at the time of the wedding, the marriage would be annulled. If the annulment was granted, that means she would be free to marry again according to the Catholic Church.
However, since no annulment has been granted, I understand your husband's reluctance to attend the upcoming wedding. Yet given the convictions of his faith, perhaps while the wedding is going on he could spend the wedding time praying for your friend – especially that the Lord will heal the pain she suffered during her first marriage when she discovered her husband's sexual orientation. That had to have been extremely difficult for her.
Wednesday, November 10, 2010
Does a Catholic who marries outside the Catholic Church – and then gets divorced – also need a church annulment?
No. However there are two stipulations: (1) The Catholic party goes through a wedding ceremony outside of the Catholic Church without permission from the Church. (2) Subsequent to the wedding ceremony the union was not blessed by the Catholic Church.
The reason for this is that Catholics are bound by church law to be married in the presence of a priest or deacon. This law is called the form of marriage. If a Catholic does not follow this law, then the Church does not recognize their wedding ceremony as valid in church law.
So if the Catholic party subsequently divorces, he or she is free to marry in the Church because the wedding was never legally binding in church law.
The Catholic party will however need to go through a simple process to prove that the two stipulations mentioned above were in place at the time of the wedding. This process is called a lack of form petition and it is completed with three documents.
In order to facilitate this process a divorced Catholic should make an appointment with someone in their parish and bring the following three documents (1) the wedding license, (2) the divorce decree, and (3) a recent copy of their Catholic baptismal certificate.
When the lack of form petition is granted – which only takes a matter of weeks –both parties to the wedding are free to marry in the Church.
The reason for this is that Catholics are bound by church law to be married in the presence of a priest or deacon. This law is called the form of marriage. If a Catholic does not follow this law, then the Church does not recognize their wedding ceremony as valid in church law.
So if the Catholic party subsequently divorces, he or she is free to marry in the Church because the wedding was never legally binding in church law.
The Catholic party will however need to go through a simple process to prove that the two stipulations mentioned above were in place at the time of the wedding. This process is called a lack of form petition and it is completed with three documents.
In order to facilitate this process a divorced Catholic should make an appointment with someone in their parish and bring the following three documents (1) the wedding license, (2) the divorce decree, and (3) a recent copy of their Catholic baptismal certificate.
When the lack of form petition is granted – which only takes a matter of weeks –both parties to the wedding are free to marry in the Church.
Tuesday, November 2, 2010
What about Protestant marriages?
Question: Does the Catholic Church consider Protestant marriages legal in Catholic church law?
My husband and I are both baptized Protestants. He was previously married to a Protestant but divorced. We were married in a Protestant Church. I want to join the Catholic Church.
Does HIS previous non-catholic marriage keep me from converting to the Catholic faith? He has no desire to become Catholic. I have had many different opinions and don't know what the truth is, Thanks.
Answer:
The Catholic Church recognizes as valid – in its own law – marriages that take place in other religions. So your husband will need to have his first marriage annulled by the Catholic Church.
But take heart, every Catholic tribunal in the country deals with the marriages of non-Catholics. If his first marriage is declared invalid in Catholic church law you would then be free to enter into the Catholic Church. I suggest speaking with your local parish priest about your husband's first marriage and your desire to become a Catholic.
My husband and I are both baptized Protestants. He was previously married to a Protestant but divorced. We were married in a Protestant Church. I want to join the Catholic Church.
Does HIS previous non-catholic marriage keep me from converting to the Catholic faith? He has no desire to become Catholic. I have had many different opinions and don't know what the truth is, Thanks.
Answer:
The Catholic Church recognizes as valid – in its own law – marriages that take place in other religions. So your husband will need to have his first marriage annulled by the Catholic Church.
But take heart, every Catholic tribunal in the country deals with the marriages of non-Catholics. If his first marriage is declared invalid in Catholic church law you would then be free to enter into the Catholic Church. I suggest speaking with your local parish priest about your husband's first marriage and your desire to become a Catholic.
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