Catholic Annulment Questions and Concerns

[KMgirl]

Currently, I am engaged to a man who had been married previously three separate times. I hope to be married within the Catholic Church and have our marriage be a sacrament, but I feel as if this may be an impossible goal. I have almost given up hope and have continually prayed on this, but no answers or guidance has been provided that can assist us in the process.

I know we must go through the annulment process. Truthfully, this is a daunting and emotionally packed task. One that seems almost impossible for a couple to successfully achieve. I understand that if I do not marry within the church I can no longer participate in church activities nor take communion since I would be viewed as an adulterer in the eyes of the Catholic Church. We want to do this process correctly.

Here are my questions:

1. How much would this cost us? Cost unfortunately is a huge factor for us at this time.
2. His first wife may or may not have been Catholic, we do not know and her family refuses any contact with us on baptismal information. Are there any other avenues we can use to track down a baptismal certificate if their might be one? Our priest as currently told us that if we cannot provide the baptismal certificate there is nothing the church can do, especially since the marriage never took place in a church.
3. His first marriage produced children, of which both decided to give up to adoption due to circumstances at that time. A third child would have been produced but she had an abortion without his knowledge - we do not have medical documentation or even proof that this occurred beyond that was what she had told him. Since children were produced can he still successfully receive an annulment?
4. His second marriage produced a daughter of which he has full custody of since the biological mother abandoned them for another man when the child was two months old. What proof would we need to provide besides the divorce certificate for a successful annulment? Witnesses to the marriage may be out of the question for both his first and second wives.
5. His third marriage ended due to his spouse cheating on him while he was off shore. It was also earlier agreed on that they would not have any children within their marriage as she already had three and he had his one daughter. What proof can we provide to prove this marriage invalid? Non of his marriages were in a church, all took place in a courthouse with a justice of the peace.
6. Will we need to try each case separately?
7. What documents will you need for the annulment process?
8. What formal paperwork will we be required to complete for this process?
9. We hope to be married by the end of August, I understand this may be impossible for the Catholic process of annulment, what options do we have is we are forced by the church to marry outside the church?

I have been a devote Catholic my entire life, continually go to Sunday mass; I observe all the Holy Days of Obligation; I teach PSR classes through my local church; am a Lecturer and Eucharistic Minister - I have dedicated my life to God and plan to continue to do so, but I feel as if the church is abandoning us at our time of need and guidance. Any information would be much appreciated.

 

[Fr.Charles_Grondin]

An annulment looks into whether there was valid consent at the time of the marriage. Valid consent requires knowing and intending to enter a marriage which is permanent until death, life giving, and faithful. Each annulment case is unique and has its own particular set of circumstances. For particulars your husband would need to discuss the details of his marriages with a local parish priest and/or diocesan canon lawyer.

While I am not a canon lawyer I can answer some of your more general questions.

1. How much would this cost us? Cost unfortunately is a huge factor for us at this time.

Annulment costs vary depending on where the Tribunal is. Annulment costs are always on a sliding scale. The outcome of an annulment is never dependent upon the petitioner’s ability to pay.

1. His first wife may or may not have been Catholic, we do not know and her family refuses any contact with us on baptismal information. Are there any other avenues we can use to track down a baptismal certificate if their might be one? Our priest as currently told us that if we cannot provide the baptismal certificate there is nothing the church can do, especially since the marriage never took place in a church.

If she was a Catholic and was married outside the Church then the marriage would be automatically invalid due to lack of form. However the marriage could still be annulled on other grounds (e.g. immaturity).

1. His first marriage produced children, of which both decided to give up to adoption due to circumstances at that time. A third child would have been produced but she had an abortion without his knowledge - we do not have medical documentation or even proof that this occurred beyond that was what she had told him. Since children were produced can he still successfully receive an annulment?

Being open to children is only one of the things that is needed for a valid marriage. There are other grounds on which a marriage can be annulled.

1. His second marriage produced a daughter of which he has full custody of since the biological mother abandoned them for another man when the child was two months old. What proof would we need to provide besides the divorce certificate for a successful annulment? Witnesses to the marriage may be out of the question for both his first and second wives.

The proof needed would depend upon the proposed grounds for the annulment. If, for example, the grounds were that the wife never fully intended to be faithful or intended for a permanent marriage. Some kind of witnesses would be needed to provide evidence of her intentions or state of mind.

1. His third marriage ended due to his spouse cheating on him while he was off shore. It was also earlier agreed on that they would not have any children within their marriage as she already had three and he had his one daughter. What proof can we provide to prove this marriage invalid? Non of his marriages were in a church, all took place in a courthouse with a justice of the peace.

Only Catholics are required to be married in the church. Two non-Catholics are free to exchange vows in virtually any place. In the third marriage they may want to explore the possibility that the wife never seriously intended to be faithful or enter into a permanent marriage.

1. Will we need to try each case separately?

Yes, each marriage will need to be annulled separately beginning with the first. The first exchange of vows is the presumed valid marriage. An annulment does not dissolve a valid marriage, it is a recognition that no valid marriage ever existed. Therefore, if his first marriage is declared null that would mean he was objectively free to marry the second time and that would become the presumed valid marriage unless proven otherwise, and so on.

1. What documents will you need for the annulment process?
2. What formal paperwork will we be required to complete for this process?

Civil records of marriage and divorce for all 3 marriages. Some kind of attestation of his baptism. Any further documentation would depend upon the proposed grounds for the annulment.

1. We hope to be married by the end of August, I understand this may be impossible for the Catholic process of annulment, what options do we have is we are forced by the church to marry outside the church?

Your fiance’s situation is rather complicated so I wouldn’t bet on it being completed in the next 6 months. How long it takes depends upon how fast needed documentation and witnesses are provided to the Tribunal and how many cases the Tribunal is currently overseeing.