Can you date while waiting to see if one’s marriage is valid or not? Well, I suppose you can date. We all have free will, after all. But one shouldn’t date. To do so, while the marriage is presumed to be valid (can. 1060) is a grave sin. You may think, just because you are civilly divorced that you aren’t married. Yet, without a declaration of nullity, you ARE presumed to be validly married. We don’t get to decide.
I don’t understand this idea that several people have stated, that it is not a sin to date, while waiting on/hoping to get an annulment. Dating while married is breaking the vows made on the wedding day. You know, the ones where we said, “I will be true to you in good times and in bad.” Dating is not being true to your spouse. It is violating the marriage vows, and that is objectively mortal sin! For those who were abandoned by their spouses, as I was, it doesn’t matter. You are not responsible for your spouse’s decision not to keep his/her vows. But you are held accountable to God for whether or not you keep yours.
For those who say the Church doesn’t consider dating while going through the annulment process, where, aside from your opinions, are you getting this? If you’ve been dating (doesn’t matter if you’re not having sex, as even those free to date and marry are not to be having sex outside of marriage) and your marriage is declared valid, you’ve been cheating on your spouse. If the marriage ends up being declared invalid, nevertheless, you cannot make that presumption yourself prior to the declaration, and start dating.
Christ said to, “Take up your cross and follow me.” Believe me, I know this is a heavy, heavy cross. I do not relish the possibility of being alone for the rest of my life. But I don’t get to make the rules. I don’t get to decide that it’s OK to date and remarry. When/if my wife obtains an affirmative decision in the court of first instance, it will be appealed to the Roman Rota. I’m not sure how else one can really be confident that a declaration of nullity in the U.S. can be valid, in and of itself, when approximately 90% of first instance decisions based on can. 1095 (the “psychological” reasons) are overturned by the Rota.
So, yes, it is mortally sinful to date without a declaration of nullity. It is so easy to fool ourselves into thinking we can keep our emotions (and actions) in check. My wife thought she could be “best friends” with another man, too. I cautioned her about keeping appropriate boundaries, and of avoiding the near occasion of sin. My concerns were brushed aside, saying they were “just friends.” Of course, “just friends” led to emotional infidelity, and later physical infidelity. But, I’m sure like so many others, she believed she could “handle it.” What often ends up happening is IT handles you. For the sake of your eternal soul, don’t place it at risk.