I left the Church, married and was divorced out of Church. Could I remarry within the Church?

[Cevan6052]

I am just now returning after 10 years. In that time, I was married and divorced outside of the Church. Was that marriage even valid, and would the divorce hinder me from marrying within the Church in the future?

Thank you.

 

[Todd_Easton]

In order for you to remarry within the Church, your marriage outside of the Church will need to be annulled. In your case, an annulment should be easy enough to obtain as it sounds like you did not follow proper canonical form when you married. Likely, you will just have to fill out some forms and submit them to the Church, along with copies of relevant documents and witness statements that you and your wife didn’t subsequently remarry in the Church, and pay a small processing fee, maybe $50. Probably only take a few months after all the paperwork is submitted for the Church to issue a decree of nullity for your marriage outside of the Church. To get the ball rolling - and I recommend that you do it sooner than latter - contact your parish office and talk to your pastor or whoever handles annulments there.

 

[fide]

That marriage sounds like a “defect of form” case, which is invalid. This, from Baltimore Archdiocese:

The Church requires that a Catholic party must be married before a duly-authorized priest or deacon in the presence of two witnesses. This is called the canonical form of a marriage. If a Catholic is married before a justice of the peace, a civil judge, or a minister of another Christian church, then the marriage is not considered valid in the eyes of the Church. This is called a lack of form. The bishop can grant a dispensation from the requirement of canonical form, but it must be done before the wedding.

Such cases have to be presented to a Tribunal, but the paperwork and time required are much less complicated, than a petition for nullity (an “annulment”). See a pastor about it.

 

[TheLittleLady]

The OP stated that she, a Catholic, married “outside of the Church”. For the vast majority of people when they use that term, it means they attempted marriage without permission of the Bishop. For a Catholic, this means that attempt is invalid because of the lack of form.

The process for investigating this is not “an annulment”. It is a paperwork procedure where by our OP will present copies of her official Baptismal record with notations, her marriage license and divorce decree. It will be a few weeks and the Chancery will tell her that she is free to marry.

 

[steve-b]

I am just now returning after 10 years. In that time, I was married and divorced outside of the Church. Was that marriage even valid, and would the divorce hinder me from marrying within the Church in the future?

Thank you.

A Church marriage tribunal is the usual way people go back and analyze that history to see how/ if an annulment can be achieved

 

[Cevan6052]

Thanks for all the replies. And just for record, its “He.” Lol. Just for future conversation.

 

[s.cono]

I have been through the same as you. Married in civil ceremony, divorced. I had to bring proof of civil marriage and divorce to the pastor who sent them up to the bishop. A few weeks later I was contacted and told I could marry in the church. Good luck.

Just a footnote. I did follow through and married that year in the Catholic church and this year we celebrated our 20th anniversary.

 

[TomH1]

You will need to take these issues to either your parish priest or diocesan tribunal. The Church gives all marriages the benefit of the doubt until it is proven the marriage was invalid due to lack of canonical form, which appears to apply in your case, there was an impediment or there was a problem with consent. You will not be able to get married in the Church until this is resolved. If in your case your marriage to your former wife was invalid due to lack of canonical form the procedure is quite straightforward and relatively quick, but you do need to go through it.

 

[Gorgias]

That marriage sounds like a “defect of form” case

“Lack of form”, not “defect of form.” Defect is the situation in which you actually attempt a valid marriage, but something is missing which makes it fail to be valid.

Lack of form is the situaiton in which you don’t even attempt a valid marriage, which is what it seems like the OP is describing.

@Cevan6052, a divorce isn’t what hinders you from marrying in the Church – it’s a valid marriage in your past that does that! If you’re in a “lack of form” situation, then the nullity process is pretty straightforward, and shouldn’t be all that difficult to process. As others have mentioned, please make an appointment to visit your pastor! (When you came back to the Church, you registered in a parish, didn’t you? If you didn’t, well… now’s a really good time to get registered in the parish at which you attend Mass!!!)

 

[fide]

Thank you for the correction.