Heartbroken over divorce/"re-marriage" of in law

[Kathryn_Ann]

The heartbreaking family situation is this, involving a Catholic couple who have obtained a civil divorce:

A (civilly) divorced (Catholic) husband now plans to remarry (outside the Church to a non-Catholic.) But he is still married in the eyes of the Church.

What can the (still considered his) Catholic wife do? Both are Catholics. Can she seek an annulment from the Church? Are emotional and verbal abuse grounds, and can the “former” wife seek an annulment on her own from her own Diocese?

What if the husband wants no part of complying with paperwork or questions asked by the Tribunal?

What is the best advice to give to the young wife? The couple is still married in the eyes of the Church. The wife has no boyfriend, and it might be some time before she wishes to even think about re-marrying, but without an annulment, she could never remarry in the Church.

Please, if you can help me with some Church teachings on this kind of situation, it would be most helpful and greatly appreciated.

 

[underacloud]

Tha Catholic wife can apply to have the marriage annulled. The tirbunal will contact the husband and he will have the right to see any evidence she has given and the right to respond, or not respond. The tribunal can proceed regardless of his willingness to participate.

Emotional and verbal abuse within the marriage are not grounds for annulment. If they happened before the marriage, they may contribute to grounds for finding that the marriage was not valid in some way (eg abuse being a factor in the wife’s free choice to enter the marriage). Annulment is about whether the marriage was valid at the time, and has nothing to do with what happened afterwards.

The best advise to give the wife is to talk with a trusted priest. He will be able to help her discern whether annulment is appropriate and help her proceed if it is.

 

[1ke]

What can the (still considered his) Catholic wife do? Both are Catholics. Can she seek an annulment from the Church?

Well, she certainly has the right to petition. However, she must have grounds for nullity. I can suggest the book Annulment: The Wedding That Was by Michael Smith Foster to help her understand what nullity is and isn’t.

Are emotional and verbal abuse grounds, and can the “former” wife seek an annulment on

No. These are not grounds in and of themselves.

her own from her own Diocese?

A decree of nullity petition may be filed according to these canons:

Can.* 1673 In cases concerning the nullity of marriage which are not reserved to the Apostolic See, the following are competent:

1/ the tribunal of the place in which the marriage was celebrated;

2/ the tribunal of the place in which the respondent has a domicile or quasi-domicile;

3/ the tribunal of the place in which the petitioner has a domicile, provided that both parties live in the territory of the same conference of bishops and the judicial vicar of the domicile of the respondent gives consent after he has heard the respondent;

4/ the tribunal of the place in which in fact most of the proofs must be collected, provided that consent is given by the judicial vicar of the domicile of the respondent, who is first to ask if the respondent has any exception to make.

What if the husband wants no part of complying with paperwork or questions asked by the Tribunal?

The respondent is given the opportunity to participate, but if he/she refuses then the petition moves forward without them.

What is the best advice to give to the young wife?

To go sit down with her pastor and lay out all the facts.

The couple is still married in the eyes of the Church. The wife has no boyfriend, and it might be some time before she wishes to even think about re-marrying, but without an annulment, she could never remarry in the Church.

Correct. She needs to continue to think and act as a married woman. She is a married woman.