Grounds for annulment.

[Aesq]

BlestOne:

The annulment is actually a quickie one on the basis of defect of form…meaning she was Catholic and was not married in the church. Basically, she should have known better than to marry outside the church (not my opinion, it is the philosophy) so her marriage was not valid because it lacked the proper form (mass)

He never said she was Catholic at the time of the wedding. If she was not Catholic then defective form does not apply.

 

[Aesq]

BillP:

Why are you the one doing this? Is this something you can do? Doesn’t your fiance have to be the one that petitions?

Is she Catholic I think it would be a pretty simple “deefect of form” case. If not Catholic I don’t know but it sounds pretty good to me.

He can not do anything other than assist her informally. Only one of the parties to the marriage can file and not until the divorce is final.

 

[BlestOne]

Aesq:

He never said she was Catholic at the time of the wedding. If she was not Catholic then defective form does not apply.

I stand corrected…you are right, I guess I just assumed, my mistake

 

[Aesq]

BlestOne:

I stand corrected…you are right, I guess I just assumed, my mistake

I am just trying to be careful that we as a community do not give anyone the impression that something is going to be quick or simple which may well not be. It is easy to assume that she is Catholic as she is seeking a nullity or intends to do so. It is easier for me to spot the assumption as I am now Catholic and seeking a nullity of my former marriage, but was not Catholic as the time of the marriage or divorce. It is just something I tend to see a little differently.

I am also a lawyer. You know how we can be so hyper-technical.

 

[LeahInancsi]

Katie1723:

I must assume that you are both Catholic, thus the question about annulment. Now I have to ask…how on earth can you get engaged to someone who is still married?? No matter what the circumstances of your fiancee’s current marriage, you ought not be engaged at this point. She needs to get divorced and then get an annulment and then you get engaged. You are putting the cart before the horse I do believe.
~ Kathy ~

DITTO…You need to slam on the brakes immediately. Aside from the fact that you’re moving too fast by dating a married man, you also need a lot more time to get to know him. It might be said that you can judge a person by the person he/she marries. Doesn’t sound like his judgment was too great when he married his current wife.