Coming back after a decade, confused about annulment

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JimCBrooklyn

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Hi all,

I converted to Catholicism when I was 18, having not been raised in any faith. I was married in the Catholic Church at 22, to a Russian Orthodox woman (I was a Slavic Studies major). At 25, I became Eastern Orthodox, not because of a disdain for Rome, but because my wife and I wanted to unite our family (we had 3 small children), and when we lived in Russia, I was moved to it and she would not consider Rome. I consider most of my religious interpretations and expressions at that time to have been very spiritually superficial, albeit intellectually deep. 3 years later, we were divorced. It was a messy period. I can say that when I was Catholic, it was not something on the table, but when we became Orthodox, it stopped holding the same weight, right or wrong.

At any rate, I left all churches not long after the separation, and avoided the topic until last summer, when i was in Rome. I went to St. Peter’s, and the other great churches, and immediately felt an old pull, but a new one as well: something less controllable, something more natural. I couldn’t explain it. I started going to a Mass here and there, I visited Savannah with my current wife (who has never been religious but suddenly wanted to go to Mass every week), and start re-reading Flannery O’Connor frantically. Finally, I spent a day in solitude in the woods where we live, praying, and had the first true experience of non-constructed faith of my life, what I believe to have been the Holy Spirit, some articulation thereof that reached my more mature self. I’ve joined the local parish, and am beginning to consider myself Catholic again.

So of course, I am brought to the issue of my former and current marriage. I spoke with my priest, who referred me to the petition form, and we are set to discuss it more at length thereafter. There are some more traditional potential annulment grounds, but the most confusing bit to me is around my conversion to Orthodoxy. I got divorced because I belonged to a church that allowed it, but now I want to return to the one I came from, which doesn’t. Is there anyone aware of a precedent for this?

Thank you, blessings,
Jim
 
You’re probably going to need a canon lawyer to sort things out, but the thing that strikes me is that you married an Orthodox Christian in the Catholic Church. I believe that the Orthodox only recognize marriages performed by Orthodox priests, so a Catholic marriage would not have been valid. You’ll need help from someone familiar with the canons regarding Orthodox Christians.
 
I hadn’t actually thought about that until you mention it now; it slipped my mind, but no, my first wife’s church did not view our wedding as valid at all. I remember her being peeves about all that, but at that point I was the more observant of the two of us.

I just assumed that this had no effect on the Catholic Church’s view of it. Maybe that’s not so? We didn’t know this priest well, as we were married abroad in a village in France, and he was a young priest from Africa visiting during the normal priest’s summer vacation. It was all rather quick and easy.
 
I was married in the Catholic Church at 22, to a Russian Orthodox woman
So that means you were not free to marry your current wife, and could seek an annulment, for which you would need grounds.

From 1983 to 2010 the Latin canon law did allow for defection from the Catholic Church to free one from Catholic approval of a marriage, however that would have required written notification to your Catholic bishop, and were still bound in first marriage anyway since there was no annulment.
 
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Perhaps @acanonlawyer could weigh in. My knowledge is that the Orthodox are stricter about form than Catholics are. I’ve read that if a Catholic marries an Orthodox Christian it should be done in the Orthodox Church – both sides will recognize the marriage. If it happens in the Catholic Church it won’t be recognized by the Orthodox.
 
Speaking generally, a marriage can be considered valid by the Catholic Church even if another Church would not have the same view. In other words, that other Church’s view would not change the Catholic Church’s perspective.

Dan
 
Thank you. This had been my assumption, but some of the other comments made me wonder.
 
The Church (generally) defaults to the rules of other Churches and ecclesial communities regarding the validity of marriages among baptized non-Catholics. But that would have no effect on the validity of a Catholic’s marriage.
 
Generally not. The Church assumes validity regardless of what another church would presume. And in the case of the baptized, sacramentality.
 
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