Annulment...now what?

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Lexee15

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After much thought I decided to find out whether or not my husband actually received an annulment. I started thinking about how much he lied to me after we married and in the past year I realized how much he lied before we got married, I then began to question his truthfulness about his previous marriage.

I called the Diocese where he filed for his annulment and explained the reason I was calling. They looked at their records and told me that he did file for an annulment, but that it was never granted. It wasn’t granted because they never received all the required documents.

We were married in a different state in the Catholic Church, how does this affect or change my annulment process? I had planned on starting the process as soon as my divorce was finalized, what will be different now? Is this a good thing or bad?

(I also posted this in the ask an apologist section, just wanted your thoughts on this.)
 
He basically has two marriage nullity cases to deal with. Even if his previous marriage was invalid, the impediment still existed, which means his marriage to you can’t be valid. In order to be considered single, however, you need to complete your own nullity proceeding with him. However, since there are records of his marriage but no nullity decree, it should be a simplified proceeding and simple indeed.
 
Sounds like your parish in which you married did not do it’s due diligence (unless he managed to forge his sacramental records somehow).

Just turn in your case and let the canon lawyers deal with it. It should be pretty easy to prove your case.
 
First - big hug and happy to see you posting here.

To your question, sounds like yours will now turn into something much simpler, kind of like a defect from form case.
 
I believe that is correct - if his prior marriage was still valid (and since a decree of nullity was never issued, I presume it is), his marriage to you was not valid. The paperwork for your situation is much simpler and quicker to resolve than an annulment. Best wishes to you.
 
kage_ar said:
First - big hug and happy to see you posting here.

To your question, sounds like yours will now turn into something much simpler, kind of like a defect from form case.
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:hug3:Thanks, and hugs to you too!!! :hug3: I’m glad to be posting again, just been a bit busy.

I am praying that you’re all right, I would like nothing more than for this to be as simple as possible:wink: !
 
I believe that you could file for a decree of nullity on the grounds of fraud. He was technically married and not free to marry. He may have just done you the biggest favor by lying to you and the church. I had similar grounds. My ex didn’t tell me about the first wife let alone get an annulment. Sorry for the heartbreak he has caused you with this, but at least try to see the bright side of it. Good luck to you! And lots of prayers too!
 
Hi Lexee, I don’t think that you even need to get an annulment, the church doesn’t recognise you as even being married if he was already married. An annulment is to try to discern if a seemingly valid marriage, was actually indeed valid or invalid… but yours seems to be very clear cut. So I doubt if you would have to go through all the proceedings that I had to, to get an annulment.
But I am no expert so I could be wrong. I think chevalier would be able to answer you. He is a lawyer, although I don’t think he is a canon lawyer but seems to know a great deal about this issue. Or ask Fr. Vincent Serpa. He would know.
God bless, Jules
 
Lexee,

I followed your story over the last year. I cried along with you and everyone else who read of your agony.

If your husband started an annulment, it is the first good thing he has done for you in a good long time. Thank God for the beautiful little boy you have and move on with your life. You have so much so give someone who will appreciate and love you.

This is a GOOD thing. I don’t know anything about annulments, but I suggest that you find out what you need to do to move the action forward. I’m sure it will be painful, but hopefully it will be the end of your pain.

Good luck and God bless you and your son.
 
jules11 said:
Hi Lexee, I don’t think that you even need to get an annulment, the church doesn’t recognise you as even being married if he was already married. An annulment is to try to discern if a seemingly valid marriage, was actually indeed valid or invalid… but yours seems to be very clear cut. So I doubt if you would have to go through all the proceedings that I had to, to get an annulment.
But I am no expert so I could be wrong. I think chevalier would be able to answer you. He is a lawyer, although I don’t think he is a canon lawyer but seems to know a great deal about this issue. Or ask Fr. Vincent Serpa. He would know.
God bless, Jules
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Just to clarify what you were saying…

While the tribunal will probably not need to do a standard investigation in order to establish and evaluate grounds for nullity (since the grounds are completely obvious and non-negotiable, as long as evidence can be provided), Lexee does still need to visit her parish office and have them guide her along the proper steps for receiving a decree of nullity. She will need to have her parish records ammended with this information, plus she will need this piece of paper if she ever wishes to marry.

I am no expert but I would guess that this unusual situation will take a little more time than a standard “lack of proper form” decree of nullity (mine took a week), and much less time than a so-called annulment.
 
kage_ar said:
First - big hug and happy to see you posting here.

To your question, sounds like yours will now turn into something much simpler, kind of like a defect from form case.
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According to my knowledge, there’s impediment of previous bond even from an invalid marriage because of the presumption of validity. Defect of form is not that simple because it normally requires marriage to be contracted anew in the right form. Radical sanation could probably be enough to fix it once the impediment has ceased, but the fixing effect would only date back to when the impediment ceased, in my understanding, so that would be the moment of granting the nullity decree from that previous invalid marriage, not the moment the subsequent marriage was contracted. I may be wrong on this one, although I’m not exactly guessing.
 
chevalier said:
According to my knowledge, there’s impediment of previous bond even from an invalid marriage because of the presumption of validity. Defect of form is not that simple because it normally requires marriage to be contracted anew in the right form. Radical sanation could probably be enough to fix it once the impediment has ceased, but the fixing effect would only date back to when the impediment ceased, in my understanding, so that would be the moment of granting the nullity decree from that previous invalid marriage, not the moment the subsequent marriage was contracted. I may be wrong on this one, although I’m not exactly guessing.
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Oh my:hypno:what does all that mean??? Could you explain this in layman’s terms…or at least Lexee terms:D ?
 
I think it means the lying lout won’t be your problem much longer.
 
The simplified explanation is that you ex’s failure to follow through with getting his nullity petition processed for his prior marriage will most likely significantly expedite your nullity petition in the “lets pour a bucket of gasoline on the fire” type of accelleratoin.

Edited: I see Island Oak has captured the spirit much better…
 
Lexee15 said:
Oh my:hypno:what does all that mean??? Could you explain this in layman’s terms…or at least Lexee terms:D ?
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It basically means that even if his first marriage was null from the beginning, he couldn’t possibly make his current marriage (with you) date back to when he married you. If he had been single, but let’s say… you were first cousins and didn’t get a dispensation, your marriage could be convalidated and dated back to whenever you exchanged the vows (as if you had had the dispensation from the beginning). But since the impediment of previous marriage cannot be dispensed (i.e. no bishop or anyone can allow you to marry again or to marry a married person), his marriage with you could only be dated back to whenever he became free to marry you. That would be half a second after his nullity decree, but not a quarter second before it. Basically, there’s not much to convalidate here. 😉 It does look like you’ve fallen victim to bigamy, although I wouldn’t like to simplify it like that, especially if it’s important to you. 🙂

If this is too obscure I’ll try and try again until it’s clear. 😃

By the way, if you care for a game of chess or scrabble for distraction, I’m always willing. 😃 It’s great to see it isn’t bringing you down so much. 🙂
 
axolotl said:
not necessarily

forums.catholic-questions.org/showthread.php?t=108518
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Seems like the op of the above thread was talking about annulling a marriage that was between two non-Catholic people. My husband married his first wife in the Catholic Church, shouldn’t that be presumed as a valid marriage unless one of them got a decree of nullity. Also, they were both baptized in the Catholic Church…only was no longer a practicing Catholic…he was, supposedly, SDA.
 
Lexee;

It sounds like God is moving mountains on your behalf. :dancing:
 
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