Annulment Question


#1

Hello. I am currently getting an annulment from my ex. I have a couple questions. If he objects, does he have to provide something to substantiate his objections? Also, what happens if he does object?

He is now married with a baby. They were married in a civil ceremony and he goes to another church. An annulment would annul the marriage for both of us I know. My question is, is his marriage now valid? Will it be valid when our annulment goes through? Would he have to be remarried in a Catholic ceremony for it to be valid in the Catholic church?

Thanks, this has been a difficult experience for me, therapeutic, but difficult all the same.

Thanks to those of you who read this and to those who respond.


#2

Jane

Your answer needs to come from someone who deals with annulments on a consistent basis. Having taught RCIA and this question, there are so many variables that from what you’ve written, no one can give you a good answer. For one instance - you say he goes to another church. Is it Catholic or another Christian denomination? Makes a big difference in the answer to your question.

For instance, if one or both parties was a baptized Roman Catholic and married outside the church without a dispensation, it is what is called an “error in form” and no lengthy inquiry is needed. It was “de facto” not a sacremental union. And remember, a decree of nullity (an anullment) only affects the nature of the sacrament of matrimony and whether it was properly entered into. An annullment is not synonymous with a civil divorce.

If however, one or both parties were baptized Roman Catholics and all the proper steps were taken to make the marriage a sacrament, then if he objects, a length inquiry as to all the circumstances is necessary. He would have a right to object, although I can’t see how he would, given that he has already remarried. And, an annullment has no bearing on the effects of a civil divorce (i.e. it doesn’t affect alimony, child support payments, division of marital property, etc - those are affairs of the state, not the church)

You don’t say if either you or your ex are Catholic. One thing though, if he is Catholic and married you in the church, his second marriage is not viewed as “valid” by the Church. And no, if he is Catholic and again married outside the church, regardless of the disposition of your petition, his marriage would not be viewed as a valid sacrament.

I would suggest though, that from your standpoint, his second marriage, at least as it affects you, your petition for a decree of nullity, and your status in the Church, has no bearing on your status.

And again, seek the advise of a priest or whoever is handling your cause from the church’s standpoint. There is so much that affects the “annullment” process, that from the information you provided, it is impossible for any of us to know the proper answer.

My two cents.


#3

Oh, and Jane. It has been my experience that, yes for many people, the ‘annullment’ process is difficult. On one hand Christ made matrimony permanent, and on the other hand, he gave Peter (the Church) the power to bind and loose. I’ve seen a goodly number of people who find the process difficult, but when resolution is achieved, they realize it to be a great healing ministry.

Blessings and best to you.


#4

What can he object to and why? He has remarried even though he hasn’t received an annulment, thereby rendering his current marriage invalid. Why would he care if you seek an annulment, when it obviously doesn’t matter to him? He can object all he likes, but it will be the tribunal that makes the final decision.

My ex has threatened to block my request for an annulment, which I guess is common of ex-spouses. However, since he wanted an open marriage, I’m not sure what he plans to say to the Tribunal interviewer about that.


#5

Well, I think “respond” is a better word than “object”. He can give his written testimony to the tribunal.

I’m not sure what you mean by “object” to the nullity proceedings.

No

No, but a decree of nullity regarding your marriage would mean he could then seek convalidation.

He would have to have his marriage convalidated for it to be valid in the Catholic Church. Of course, that presumes that his current wife has no prior marriages.


#6

Hello. In response to some of your questions. Yes, I am Catholic and so is my ex. We were married in a Catholic church. He was remarried NOT in a Catholic church. I know they had an outdoor wedding at a gazebo and he attends some other church now - different denomonation.

I am in the process of working on getting my marriage annuled. I have been speaking with a priest…but he was out of town this week and I had some additional questions. That is why I came here.

He has always been a jerk, so I can see him making trouble. I just wondered. He shouldn’t care anymore, but he likes to make my life difficult…or at least he did then, why should it be any different now?

I don’t know, I thought he could object, it says that on my paperwork so I assumed his said the same.

Thanks for everyone that has read and written so far.


#7

Well, I suppose he can object in the sense that he can say something like “I think our marriage was a valid marriage and here’s why…”. Of course, his remarrying and leaving the Catholic Church completely undermines that statement and gives much more weight to the fact that he *didn’t *believe this.

He does not have to participate at all. If he participates and “objects” saying he thinks your marriage was valid, then I beleive you can rebut his testimony. Also, of course, if your testimony and that of witnesses proves the case his “objection” is meaningless.

This is something you should talk over with your advocate. But, the Tribunal has seen and heard it all. So, don’t worry too much.


#8

#9

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