Can my sister remarry if she gets a divorce


#1

She asked me to ask on her but I didn’t have permission to write her life story so I had delete everything what I wrote :rofl::rofl::rofl:


#2

I’m so sorry she had to go through that.

The answer is if your sister wants to marry again, she will have to have her first marriage annulled. That process can’t start until she divorces, so divorce is the first step.

The best thing for her to do is talk to her Priest. Not everyone can get an annulment, he will know best if she has a chance of getting one.


#3

She has already asked I can’t remember but I think the priest said she has been married too long to get it annulled


#4

The length of marriage doesn’t matter in getting an annulment. What does matter is the conditions under which the marriage was entered.

From the CCC:

III. MATRIMONIAL CONSENT

[1625] The parties to a marriage covenant are a baptized man and woman, free to contract marriage, who freely express their consent; “to be free” means:

  • not being under constraint;

  • not impeded by any natural or ecclesiastical law.

[1626] The Church holds the exchange of consent between the spouses to be the indispensable element that "makes the marriage."127 If consent is lacking there is no marriage.

1627 The consent consists in a “human act by which the partners mutually give themselves to each other”: “I take you to be my wife” - "I take you to be my husband."128 This consent that binds the spouses to each other finds its fulfillment in the two "becoming one flesh."129

[1628] The consent must be an act of the will of each of the contracting parties, free of coercion or grave external fear.130 No human power can substitute for this consent.131 If this freedom is lacking the marriage is invalid.

1629 For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed.132 In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged.133
http://www.vatican.va/archive/ccc_css/archive/catechism/p2s2c3a7.htm


#5

The length of a marriage doesn’t determine whether an annulment is obtainable. Only the conditions when the marriage was entered matter. One thing to remember is that not everyone who applies for an annulment gets one. It might turn out that her marriage was valid after all, and that would mean that she could not marry another man. To do so would be adultery, since marriage is indissoluble and her first marriage would still be in effect, even after the divorce (which only affects the legal side of it, not the spiritual - which is until death). Also, remember that the annulment process may take a long time, depending on the circumstances of her and her spouse. It could take a few years. I don’t want to scare anyone away from trying to get an annulment, but she should be prepared. It’s possible that things might not work out the way she wants. If there is a chance, go for it, absolutely. Just be prepared.


#6

Whether or not your sister gets divorced, and eventually gets an annulment, she needs to separate from her husband.


#7

I might also suggest seeking the counsel of several priests. Just asking one may well be a mistake. The priest originally asked may not be expert in the area and just doesn’t want to get bogged down is something he feels isn’t worth his effort. Don’t know what the circumstances are but if you are being abused in any way, getting a divorce might be the best answer. Unless of course you are a firm believer in the adage, “an evil known is better than an evil unknown”

And, I have a feeling that the church’s teaching on annulment will undergo some revision and extension in the future. And there is also the future possibility of the “internal forum” being brought into context.


#8

I don’t like to be the one who gives a hard truth but I will here. Most marriages are legitimate and anullments are over used and can cause the scandal of marriage not being a lifetime commitment.


#9

I think you need to use a better word than “legitimate” for your post to have any substantive meaning.

A decree of nullity is a statement that a valid, sacramental marriage was never entered into in the mind and heart of God because of some serious condition that existed at the time of the marriage ceremony that one of the partners would not enter into had they known that condition existed. Annulment is the RCC’s way of extending the mercy of Jesus Christ to people in abominable situations.


#10

I am all for mercy and have struggled with the teaching on marriage for a very long time. Yes legitimate is the wrong word. Either we say most marriage ceremonies are valid or they are not? Should we imply they are not on someone’s wedding day or even after many years?


#11

I must add that mercy doesn’t come into the equation if the marriage was valid it is for the lifetime of either person.


#12

Decrees of nullity are hardly overused. The vast majority of divorced Catholics don’t ever petition the Tribunal.


#13

HGC: a question. Should a marriage be annulled if, after six years of marriage, a man begins seriously beating his wife? After all, the condition wasn’t present on the wedding day. Then again, Christ said a man should love his wife as Christ loved the Church. Was there a psychological disposition to violence evident in the husband’s personality at the time of the wedding that didn’t manifest itself till years later. And given that, should the wife be forced to continue in a situation where he entire being is in peril? Same thing with defective intentions against children, or fidelity and permanence, and any other number of conditions that would cause one to not freely agree to the union. I could cite any number of conditions that the church recognizes as grounds to loose and bind as Christ gave that power to Peter.

Yes, it is confusing. But marriage should not be entered into without a thorough understanding of the conditions and responsibilities of the parties involved. That is something that the church seems to be working on more seriously in the last generation or so. Here’s hoping that there are fewer and fewer annulments in the future.


#14

Let’s say for for arguments sake, if two percent of all marriages end in them being invalidated then these couples and also ones undiscovered are living in sin?


#15

I’m not sure what you’re asking…


#16

The couple can live separately and remain faithful


#17

Out of every 100 anullments there would be another percentage of more invalid marriages yet to be discovered… Because the church is saying the marriage was never valid… And if you have sex outside marriage it is a sin.

Do you see the problem?


#18

Very true. But one thing I have come to consider in the church’s employment of the annulment process is God’s words in Genesis. “It is not good that man be alone” God made marriage for the good of man and woman, and I think the church wants to give everyone who has a valid “right” to marry, the ability to do so. Even those is “bad” first marriages. IMHO, God is not as offended as some of the very traditional “Pharisee” Catholics who think “the rules” are far more important than mercy. Jesus is merciful, I think the church is trying to emulate Him on that one.


#19

No. Because marriage enjoys the presumption of validity. If you haven’t petitioned for a decree of nullity, and if same has not been granted, you are presumed to be in a valid marriage.


#20

As others have said, the length of the marriage has no bearing on its validity. It can be examined to determine whether or not it was valid.


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