If a Catholic marries someone else by justice of the peace, does he need an annulment before getting married again?

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Hello everyone. I am wanting to date this guy. He got married in the past with a justice of the peace and then got divorced. Well, he says that his priest told him that his marriage was invalid because it was done by a justice of the peace. I am wanting to make absolutely certain that he doesn’t need an annulment though before we date. Can you tell me whether or not he’d need an annulment or something?
 
Holly3278 said:
Hello everyone. I am wanting to date this guy. He got married in the past with a justice of the peace and then got divorced. Well, he says that his priest told him that his marriage was invalid because it was done by a justice of the peace. I am wanting to make absolutely certain that he doesn’t need an annulment though before we date. Can you tell me whether or not he’d need an annulment or something?
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Assuming he was Catholic, this would be a lack of form case. He was obligated to marry with the consent of the Church. There is some brief paperwork to fill out–have him check with his parish.
 
Even if it’s an open and shut case, it still has to go through the annulment process. I know this from personal experience. The Church has these requirements because there are people who don’t always tell the truth. If a guy isn’t willing to do this for you then, in my opinion, he wasn’t the right one for you. If a guy really loves you he would be willing to do whatever it takes to marry you.
 
Holly3278 said:
Hello everyone. I am wanting to date this guy. He got married in the past with a justice of the peace and then got divorced. Well, he says that his priest told him that his marriage was invalid because it was done by a justice of the peace. I am wanting to make absolutely certain that he doesn’t need an annulment though before we date. Can you tell me whether or not he’d need an annulment or something?
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Technically, yes, he does need a declaration of nullity before he can marry validly and sacramentally.

However, in most cases, when a Catholic marries in a civil ceremony, there is a sort of “short form” petition for a declaration of nullity called “lack of form.”

Rather than rely on information from the internet (and I can guarantee you that you’ll be getting all kinds of misleading responses here in short order) he needs to talk to his own pastor and have the situation resolved.

There’s no guarantee that this will apply in his case, but usually these things are resolved very quickly and with very little paperwork.

The Archdiocese of Washington makes their “lack of form” petition available online (as do many other diocese).

site.adw.org/pdfs/lackofform.pdf

I suggest that you look at that document to understand what it involves.
The form for any diocese in the US will be nearly identical. I only picked them because it was an easy internet search and they posted the form in PDF format.
 
If he has not already gotten an annulment, assuming he can, I recommend not dating him until he does. If there is no future in a relationship why start one?
 
AnnArbor said:
Assuming he was Catholic, this would be a lack of form case. He was obligated to marry with the consent of the Church. There is some brief paperwork to fill out–have him check with his parish.
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Quick question. Don’t mean to highjack the thread. If someone is Greek Orthodox how is it handled? This person married a Jewish girl in Las Vegas. Met him a few years ago through Eharmony and think I would like to contact him again and see if he is available.
 
livingwordunity said:
Even if it’s an open and shut case, it still has to go through the annulment process. I know this from personal experience. The Church has these requirements because there are people who don’t always tell the truth.
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He: “Would you like to go to dinner?”

She: “Not unless you get an annulment.”

Yeah, that’s playing it cool.:rolleyes:
 
CAROLOFTHEBELLS said:
Quick question. Don’t mean to highjack the thread. If someone is Greek Orthodox how is it handled? This person married a Jewish girl in Las Vegas. Met him a few years ago through Eharmony and think I would like to contact him again and see if he is available.
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Let me see if I understand…

No. Deleted that text. Moving on.

The answer to your question is that if he wants to marry in the Catholic Church (either Roman or Eastern) he needs to petition for a declaration of nullity from the Catholic Church. The Catholic Church recognizes Orthodox canon law with regard to marriage, but not with regard to divorce or divorce-and-remarriage; therefore, even if his own Orthodox Church considers him “free to marry” the Catholic Church does not. Not until he has a Catholic declaration of nullity.
 
Holly3278 said:
Hello everyone. I am wanting to date this guy. He got married in the past with a justice of the peace and then got divorced. Well, he says that his priest told him that his marriage was invalid because it was done by a justice of the peace. I am wanting to make absolutely certain that he doesn’t need an annulment though before we date. Can you tell me whether or not he’d need an annulment or something?
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What he needs to do is be declared free to marry to pursue a relationship and potential marriage with someone in the Church.

If the facts are as you state, he is a Catholic who married outside the Church without a dispensation. If so, this was an invalid attempt at marrriage due to lack of canonical form.

This is not actually a case in which a petition for a decree of nullity would be required. A lack of form process is an adminstrative procedure only. In the US, the paperwork goes to the tribunal and it is approved there. In other countries, this is not the case. The reason it is not actually a decree of nullity case is a technical one, and not really relevant here.

Suffice it to say that he needs to be declared free to marry in order to proceed with a relationship with you. That starts by him doing the paperwork with his pastor. It’s important that he does this as soon as possible. A lack of form case does not take long, but he should do it to ensure that there are no other details that come out during the paperwork process that need to be cleared up.
 
CAROLOFTHEBELLS said:
He: “Would you like to go to dinner?”

She: “Not unless you get an annulment.”

Yeah, that’s playing it cool.:rolleyes:
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Holly said that the subject had already come up and that she wanted to be sure about the guy. She is being prudent by not rushing in.
 
Holly3278 said:
Hello everyone. I am wanting to date this guy. He got married in the past with a justice of the peace and then got divorced. Well, he says that his priest told him that his marriage was invalid because it was done by a justice of the peace. I am wanting to make absolutely certain that he doesn’t need an annulment though before we date. Can you tell me whether or not he’d need an annulment or something?
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No annulment necessary but just a simple paperwork with the pastor of his parish.
 
Jon_S said:
No annulment necessary but just a simple paperwork with the pastor of his parish.
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I don’t know if you are saying this from personal experience. But my experience a long time ago was that, as a Catholic (non-practicing at the time but still a Catholic), I had gotten myself into an invalid civil marriage that ended in a civil divorce. I wanted to get married though the Church to a woman I met after that (now my wife of 10 years), and the pastor and/or diocese determined that I still needed to get an annulment to get married in the Church. Even though it was an open and shut case, I still went through the annulment process. I was patient and didn’t complain about it since I was fully aware that the trouble I had gotten myself into in the past was entirely my fault and not in any way the fault of the Church.
 
livingwordunity said:
I don’t know if you are saying this from personal experience. But my experience a long time ago was that, as a Catholic (non-practicing at the time but still a Catholic), I had gotten myself into an invalid civil marriage that ended in a civil divorce. I wanted to get married though the Church to a woman I met after that (now my wife of 10 years), and the pastor and/or diocese determined that I still needed to get an annulment to get married in the Church. Even though it was an open and shut case, I still went through the annulment process. I was patient and didn’t complain about it since I was fully aware that the trouble I had gotten myself into in the past was entirely my fault and not in any way the fault of the Church.
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This was on Catholic Answers Radio last week.

Listen here: catholic.com/radio/shows/marriage-divorce-and-annulment-11208

I imagine diocese to diocese it varies, and I also think that these administrative cases are now treated as such so the tribunal can process true annulments better.

When I say just full out a form, I mean it’s a munch more streamlined and simple process. A simple determination that 1) he is catholic and 2) he was married with invalid form
 
CAROLOFTHEBELLS said:
Quick question. Don’t mean to highjack the thread. If someone is Greek Orthodox how is it handled? This person married a Jewish girl in Las Vegas. Met him a few years ago through Eharmony and think I would like to contact him again and see if he is available.
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A Greek Orthodox who was married to a Jewish girl in Las Vegas would need an annulment to marry a Catholic in the Catholic Church. The Catholic Church considers all marriages to be valid unless proven otherwise. The “lack of form” is only for Catholics that marry outside of the Church, it wouldn’t apply to a GO.
 
elizaveta01 said:
A Greek Orthodox who was married to a Jewish girl in Las Vegas would need an annulment to marry a Catholic in the Catholic Church. The Catholic Church considers all marriages to be valid unless proven otherwise. The “lack of form” is only for Catholics that marry outside of the Church, it wouldn’t apply to a GO.
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Well, not exactly.

As with all things regarding true particular Churches, it is more complex than that. The Catholic Church does recognize the Orthodox Church’s requirements that Orthodox be married by a priest, what we would call proper form, for validity.

A GO who marries at a justice of the peace is not validly married as far as the GO Church is concerned (and also excommunicated), and therefore also not married validly as far as the CC is concerned.

It is not really a decree of nullity, it too is a lack of form case, but yes the GO would have to submit all the facts of the case, most likely to the Eastern Catholic Eparchy corresponding to their own Orthodox Church.
 
1ke said:
Well, not exactly.

As with all things regarding true particular Churches, it is more complex than that. The Catholic Church does recognize the Orthodox Church’s requirements that Orthodox be married by a priest, what we would call proper form, for validity.

A GO who marries at a justice of the peace is not validly married as far as the GO Church is concerned (and also excommunicated), and therefore also not married validly as far as the CC is concerned.

It is not really a decree of nullity, it too is a lack of form case, but yes the GO would have to submit all the facts of the case, most likely to the Eastern Catholic Eparchy corresponding to their own Orthodox Church.
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It would go to the RC tribunal or diocesan office if that is the Catholic’s rite for the Catholic to be able to marry and possibly to the GO as well if the GO feels obliged by his Church. The Roman Catholic would need a special dispensation to marry a GO as well. Unfortunately, a lot of soul searching must be done for a Catholic and an Orthodox because of the schism. What Church will they allow children to be baptized in? The GO Divine Liturgy is not recognized by the RC as satisfying the Sunday obligation. Will the family split in Church attendance?
 
SerraSemper said:
It would go to the RC tribunal or diocesan office if that is the Catholic’s rite for the Catholic to be able to marry and possibly to the GO as well if the GO feels obliged by his Church. The Roman Catholic would need a special dispensation to marry a GO as well. Unfortunately, a lot of soul searching must be done for a Catholic and an Orthodox because of the schism. What Church will they allow children to be baptized in? The GO Divine Liturgy is not recognized by the RC as satisfying the Sunday obligation. Will the family split in Church attendance?
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usccbpublishing.org/client/client_pdfs/7-050bi.pdf

usccb.org/beliefs-and-teachings/ecumenical-and-interreligious/ecumenical/orthodox/pastoral-orthodox-catholic-marriage.cfm

vatican.va/archive/hist_councils/ii_vatican_council/documents/vat-ii_decree_19641121_unitatis-redintegratio_en.html
 
AnnArbor said:
Assuming he was Catholic, this would be a lack of form case. He was obligated to marry with the consent of the Church. There is some brief paperwork to fill out–have him check with his parish.
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Holly,

Depending on whether he received permission from the bishop or ordinary before marriage, it may or may not be valid. But this would have to be determined by the matrimonial tribunal, so yes, he would have to seek a declaration of nullity.
 
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