Validity of Marriage after being rewed


#1

I have entered into a Marriage, from my belief a Valid Marriage. I am human and therefore could be incorrect. I tried to get my wife to consider requesting a tribunal. Perhaps I should just go out and do so. My dilemma is that I want to learn the truth, but I want the marriage to be valid. Going in to the tribunal believing whole hearted that the marriage is valid is a concern as my wife has spoken vows with another man outside the church. If they conceive a child during this perpetual state of Mortal sin(adultery), am I still responsible to her as her husband. I am not sure what the Church says if anything pertaining to this matter.


#2

Your question is not very clear. Here is my interpretation of what you are saying:

1) You married a woman in the Church (valid marriage)
2) You are now separated or divorced
3) She has now "married" someone civilly outside the Church

I think you are asking:

1) *Can *you petition the tribunal for a declaration of nullity? The answer is yes.

2) Are you *obligated *to do anything like apply for a decree of nullity? The answer is No. If you believe you are validly married, you can live as a single person and pray for your wife.

3) Do you have any obligations to your wife currently? No. If you are civilly divorced you are not responsible for any child she may have with this other man. From the Church's standpoint, not if she has a child more than 300 days after you two stopped living together and/or there is clear evidence otherwise (divorcing you and marrying someone else civilly would be plenty of evidence):

Can. 1138 §1. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary.

§2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.


#3

3) Do you have any obligations to your wife currently? No. If you are civilly divorced you are not responsible for any child she may have with this other man. From the Church's standpoint, not if she has a child more than 300 days after you two stopped living together and/or there is clear evidence otherwise (divorcing you and marrying someone else civilly would be plenty of evidence):

Can. 1138 §1. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary.

§2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.

Lawful marriage, this refers to God's law, not civil law.
Is this born or concieved?

I want children, but do not want the responsibility of raising the product of Mortal sin. Granted the child would be raised in the church, but when will my affliction stop, I do not agree to this and have verbalised myself not only to my wife, but to someone I thought she would listen to having abandoned our marriage, her Mother.


#4

§2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.

[quote="BKulash_eski, post:3, topic:225898"]
Lawful marriage, this refers to God's law, not civil law.

[/quote]

Correct.

[quote="BKulash_eski, post:3, topic:225898"]
Is this born or concieved?

[/quote]

As the canon above says, born within 300 days of separation the child would be considered yours. Born more than 300 days after separation or with evidence to the contrary (evidence could be a paternity test, etc) it would not. But, civil law may certainly vary from that.

[quote="BKulash_eski, post:3, topic:225898"]
I want children, but do not want the responsibility of raising the product of Mortal sin. Granted the child would be raised in the church, but when will my affliction stop, I do not agree to this and have verbalised myself not only to my wife, but to someone I thought she would listen to having abandoned our marriage, her Mother.

[/quote]

If you truly want to reconcile with your wife, and she does have a child from the affair, then you better decide right now to forgive and love the child with all your heart. The child is innocent, and if you are going to be resentful or call the child a "product of mortal sin" then do the child a favor and stay out of its life.

But, you say your wife married another man civilly. This would say to me she has no plans to return to you.


#5

I am still confused a to th original situation could you please put some fake names on it maybe?


#6

every marriage situation is unique
the only way to get an answer relevant to your personal situation is to visit your priest, lay out all the facts and follow his advice on how you must proceed. Pointless to enter into anything but a general discussion here. From your post it is not clear if your ex wife has remarried, if you want to remarry after divorce, or even if you are still with your first wife. There are too many factors to go into here. See your priest and get guidance that will help you.


#7

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