Considerations in anulment

[novatrix]

I am considering seeking an anulment of my first marriage, and also considering conversion to the Catholic church. In my first marriage, I was unable to practice my faith in God as I believed. In particular, interest in learning about the Catholic faith was tantamount to heresy. Would this be considered in an anulment process?

Also, would age/immaturity (I was 19) be considered?

Is withholding of true feelings about having children considered grounds for granting an anulment?

Thank you.

 

[Texas_Roofer]

You should always speak with the marriage ministry. In general if you were not married in a Catholic Church, or had a Catholic dispensation issued for your marriage, then you can use the “defect in form” annulment option. Which is to say your marriage was not what Catholic’s consider a properly prepared marriage. Joining the Church is done through the RCIA program which can be done simultaneously.

 

[mosher]

And to answer your other questions the first and the last will be considered but the second would not. Age 19 is not too young to contract marriage with maturity considering that the Church considers a person an adult at age 16. However the issue of maturity may be considered under investigation.

With what Texas Roofer is saying I think that defect of form may be possible but only under a few assumptions gleaned off of your post. If you were baptised as a catholic or became catholic and then contracted marriage without proper form (the ceremony in the Church) without dispensation from the Bishop or without formally leaving the Church through written correspondence with the Bishop then you were bound by canonical form. If your marriage was not under this canonical form then it will be considered by the tribunal as a grave defect. In short, if you were bound by canonical form and your marriage was not under canonical form then it was null.

 

[Friar_David_O.Carm]

And to answer your other questions the first and the last will be considered but the second would not. Age 19 is not too young to contract marriage with maturity considering that the Church considers a person an adult at age 16. However the issue of maturity may be considered under investigation.

With what Texas Roofer is saying I think that defect of form may be possible but only under a few assumptions gleaned off of your post. If you were baptised as a catholic or became catholic and then contracted marriage without proper form (the ceremony in the Church) without dispensation from the Bishop or without formally leaving the Church through written correspondence with the Bishop then you were bound by canonical form. If your marriage was not under this canonical form then it will be considered by the tribunal as a grave defect. In short, if you were bound by canonical form and your marriage was not under canonical form then it was null.

Just a little more clarification. Seems Texas Roofer missed this.

If two non-catholics marry there can be no “defect of form” as they are not bound by the Catholic Church’s regulations.

 

[Br.Rich_SFO]

I am considering seeking an anulment of my first marriage, and also considering conversion to the Catholic church. In my first marriage, I was unable to practice my faith in God as I believed. In particular, interest in learning about the Catholic faith was tantamount to heresy. Would this be considered in an anulment process?

Also, would age/immaturity (I was 19) be considered?

Is withholding of true feelings about having children considered grounds for granting an anulment?

Thank you.

There are many “grounds” for Annulment. It would be improper to list them here. I suggest that you speak with the pastor of the local Catholic Church and ask if you can start the Annulment process. Simply answer the questions clearly and honestly and trust in God to bring the facts to light. Remember it’s about the validlty of the exchange of consent at the time of the wedding, the capacity and intent of both persons.

 

[novatrix]

Yes, I will of course speak to the pastor of the local church. I wanted to be somewhat prepared for what lies ahead by seeking out information from others who may have experienced a similar situation.

I am baptized, as was my first husband. We weren’t Catholic.

 

[1ke]

Yes, I will of course speak to the pastor of the local church. I wanted to be somewhat prepared for what lies ahead by seeking out information from others who may have experienced a similar situation.

I am baptized, as was my first husband. We weren’t Catholic.

Because the examination of a marriage is such a unique and specific thing, no one can say whether the things you listed are grounds for you and it is useless to say “yes” or “no” as to whether they are grounds in general because that would only cause you to have false hope or despair.

Only a person trained in your diocese can help you examine your situation.

I do recommend the book Annulment; The Wedding That Was by Michael Smith Foster. I think it would help you understand the Church teaching and process.

 

[LeahInancsi]

In general if you were not married in a Catholic Church, or had a Catholic dispensation issued for your marriage, then you can use the “defect in form” annulment option. Which is to say your marriage was not what Catholic’s consider a properly prepared marriage.

Why would she need to get a dispensation if she’s not Catholic?

She would not have to be married in a Catholic church for her marriage to be valid if she’s not Catholic.

 

[Texas_Roofer]

ANNOMYNS:

Why would she need to get a dispensation if she’s not Catholic? She would not have to be married in a Catholic church for her marriage to be valid if she’s not Catholic.

The Catholic Church would assume the marriage as valid thus annulment is needed. From the people I know who went through Annulments, it takes longer than expected so starting now in a good idea

 

[LeahInancsi]

The Catholic Church would assume the marriage as valid thus annulment is needed. From the people I know who went through Annulments, it takes longer than expected so starting now in a good idea

That is true, but a non-Catholic would have not need to get a dispensation and would certainly not marry in a Catholic church.

Someone else reminded you that you misread her question and you assumed that she was a Catholic when she married the first time.

 

[Texas_Roofer]

That is true, but a non-Catholic would have not need to get a dispensation and would certainly not marry in a Catholic church.

Someone else reminded you that you misread her question and you assumed that she was a Catholic when she married the first time.

Thank you but I did not assume she was Catholic. Please do not forget the first sentence You should always speak with the marriage ministry. Just FYI - our RCIA program mess up several of these by assuming valid marriages. If she married a Catholic who received a dispensation for their marriage that would be important information. For example if she remarries then attends RCIA many priest would disqualify her from any sacrament as confession, baptism, and confirmation. It is better she knows that now, while she has time to fix it. If she remains single she can have sacraments except marriage. Or that is my understanding.

As for another comment concerning “defect in form” my comments are based on my memory from reading the writing of a Canonical Lawyer on the subject, I am not speaking for the marriage ministry. And again she is advised to speak to the marriage ministry

I hope that helps I certainly would never intend to mislead