[quote="AndromedusO, post:1, topic:306591"]
My fiance is Russion Orthodox. She married a (non-practicing) Catholic some years ago. The marriage was a justice of the peace (civil only, no clergy present). They divorced, also some years ago. This was the first "marriage" of either of the two.
My understanding is that if one of the spouses is Catholic, then the marriage is invalid if the form was lacking, which in this case it would have been as a result of there being no clergy, among other things (I've also read that this can be extended to Orthodox Christians as well).
I'm wondering if anyone can shed any light on this situation. I had in fact initiated the annulment in one diocese, and the tribunal head indicated that he believed it would be a short matter, but he had to travel to Rome and I had to move, so he told me that I would have to restart the annulment in my new diocese. You can imagine my frustration... It's worth noting that he went to Rome and I moved before he had a chance to actually receive the documents of the annulment (various declarations, marriage cert, divorce cert, etc.).
Additionally, does anyone here know what happens when the previous (Catholic) spouse refuses to participate? He has refused to give the name of the church he was baptised in (something the original diocese requested), and said he would not answer any more questions about it. Again, imagine my frustration...
O.K. First of all, a marriage between two baptised christians is considered valid regardless of who married them. however, there is a litany of other circumstances that could still render the Marriage null. 80% of all annulements go through so take a sigh of relief. Also breath easier that if the none petitioning party(that's her ex) refuses to cooperate (like my ex-wife) it doesn't affect it at all. In fact if the other party doesn't respond they simply take your word for it and consider only your side of the story. So it's actually better if they don't. And the church realizes they probably won't