Is this grounds for divorce/annulment?

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My husband and I have been married for 4 years now. I am American and my husband is Spanish and we live in Spain. We have two children. It has always been an understanding between us that if we ever got the chance to move to the U.S. we would. I’ve lived here for 6 years because he loves his job and I want him to be happy. Without going into too much detail we have the chance for him to do the same job in the U.S. and to move the U.S. and now my husband is having second thoughts. My husband is aware that I am unhappy living here. I cannot imagine spending the rest of my life living in a country away from my family, culture, and friends especially with someone who has gone back on something we’ve always agreed. My husband, although baptized is not a practicing catholic and is very negative towards the Catholic church. He does not raise our children Catholic, only me. We have never gotten along in the 10 years we’ve been together. He purposelly does things against my Catholic faith…pressuring me not to follow teachings on NFP, encouraging me not to go to Mass on Sundays (I go anyway), taking God’s name in vain just to prove he doesn’t care what I think and to prove he has no regard for my faith. I’m just very lost and unhappy. I read somewhere that the point of marriage is not to make you happy, but to make you better. I understand that marriages have its trials, but I feel like this marriage is leading me away from God. I don’t know what to do. Is this breaking of an agreement (we have had always, even before marriage) a reason for a divorce and a possible annulment?
 
Sorry, your marriage vows are the agreement. I can understand why you are unhappy, but a move back to the US will not fix the problems with your marriage. You should make an appointment with an English speaking priest and get his advice, and pray, pray, pray for your husband.
 
We have never gotten along in the 10 years we’ve been together.
Seems like an odd choice for a marriage partner, someone you’ve never gotten along with from the start.
Is this breaking of an agreement (we have had always, even before marriage) a reason for a divorce and a possible annulment?
No one can tell you that here. First of all, divorce and a decree of nullity are not the same thing.

Divorce is a civil matter, but also a moral matter since it is the breaking up of the family. It is the breaking of a contract.

A decree of nullity is finding that an impediment or defect existed at the time the vows were exchanged, and what appeared to be a valid marriage wasn’t.

You should talk to your pastor.
 
It is certainly grounds for more prayer and a deeper commitment to holiness and authentic love. While in Spain I strongly urge you to get in touch with Opus Dei. If you like I can direct you to the nearest center. There are Opus Dei schools and clubs for your kids, too. Because of the of the secularization of Spain, these lay movements, including Opus Dei, Neocatechumenal Way, etc. are really where it is best to experience Catholic life fully. Your kids will benefit from it and so will you.

Also you may indeed need to sacrifice where you want to live for the sake of your husband. No, that isn’t easy at all. But it is actually pretty normal for couples to really struggle in terms of where to live, especially when they are from different countries. I am preparing to drag my wife and daughter to Israel, and it is probably not at all what my wife thought we’d be doing when she married me. It is how marriage works, though, and her support means a lot to me despite her own desires about it all.
 
If it’s this bad, maybe you could do a trial separation. Let him see how much you do, and what he would be missing if you left for real. But talk to a priest first. There might be shelters you and the children to go to in order for you to get a better grip on everything. Do you work as well? If you do, see to it that the basic bills get paid. But also put some aside just in case the situation gets worse. Sounds to me like he is being abusive to you. He shouldn’t be allowed to do that. Take care of yourself and your children. I’ll be paying for you.
 
My husband and I have been married for 4 years now. I am American and my husband is Spanish and we live in Spain. We have two children. It has always been an understanding between us that if we ever got the chance to move to the U.S. we would. I’ve lived here for 6 years because he loves his job and I want him to be happy. Without going into too much detail we have the chance for him to do the same job in the U.S. and to move the U.S. and now my husband is having second thoughts. My husband is aware that I am unhappy living here. I cannot imagine spending the rest of my life living in a country away from my family, culture, and friends especially with someone who has gone back on something we’ve always agreed. My husband, although baptized is not a practicing catholic and is very negative towards the Catholic church. He does not raise our children Catholic, only me. We have never gotten along in the 10 years we’ve been together. He purposelly does things against my Catholic faith…pressuring me not to follow teachings on NFP, encouraging me not to go to Mass on Sundays (I go anyway), taking God’s name in vain just to prove he doesn’t care what I think and to prove he has no regard for my faith. I’m just very lost and unhappy. I read somewhere that the point of marriage is not to make you happy, but to make you better. I understand that marriages have its trials, but I feel like this marriage is leading me away from God. I don’t know what to do. Is this breaking of an agreement (we have had always, even before marriage) a reason for a divorce and a possible annulment?
I am sorry it has turned out so badly. Catholic canon law on Matrimony, revised Nov 27, 1983, is that having future conditions invalidates marriage (CIC Can. 1102). The 1917 law allowed for future conditions. (It is a positive law so it is not retroactive to those Catholics married before 1983 or when evaluating non-Catholic marriages.)

According to Archdiocese of Mobile Alabama, regarding annulment grounds based on future conditions, people sometimes confuse future conditions for non-invalidating conditions. For example, below, numbers 2, 3, and 4 are for present and engagement conditions - which are non-invalidating. Number 1 is not an invalidating future condition either, and is like your condition which obliges the other in justice.Only future conditions render marriage invalid. For example: “I marry you provided you will receive an inheritance from your parents.”

But future conditions are difficult to prove. They can easily become confused with other juridic figures which are not invalidating. These figures include:
1) modes or obligations added to already perfected and completed marriage contracts, which if not immoral, oblige the other party in justice [e.g. “I marry you, but we must always live near my parents or move as my career dictates, and you must quit drinking.”];
  1. future conditions can also be confused with causes or the very reasons one person marries another [e.g. “I marry you because you are so beautiful, a practicing Catholic, or from the same ethnic background.”]; and
  2. demonstrations or qualities existing actually or putatively in the other party can easily be confused with future conditions [e.g. “I marry you whom I believe to be a virgin, an officer and a gentleman, or a member of the upper class.”].
  3. Sometimes future conditions are confused with postulates or conditions for the engagement. A postulate may be exemplified by one who proposes marriage only after the other whom he or she believes too dependent on his or her parents moves out of their household and into an apartment.
 
Just recently ive had the experience of going through the annulment process here in FL, USA, and based on what you are describing it is very possible there could be an impediment to your marriage but its something that really needs to be analyzed and prayed about. If you honestly believe there is nothing that can be done to heal your marriage and your spouse continues to try and Lead you away from the Church then you should Speak to a priest about separating from your spouse. In my personal experience i found the annulment process liberating and insightful, it really helped me to look into myself and my past marriage, it also helped me to heal in many ways. There are many grounds for annulments, but in reality each case is unique and must be analyzed in this light…
 
" It has always been an understanding between us that if we ever got the chance to move to the U.S. we would."

If you are asking if you can get an annulment just based on this, no, it has nothing to do with the validity of the marriage.
 
As an American expatriate living in the UK (married and living here 6 years so far), I can certainly relate to your heartache of being separated from home.

My husband and I always kept our options open as to where we would live in the longer term. This included coming back to the U.S. A couple of years ago I had a job opportunity come up which would have allowed me to have my old job back and for us to move back to my hometown. At first my husband supported it and I applied for the job with the idea that I had his support, but then when I formally started the interview process, he backed out and informed me that he didn’t want to move to the U.S., after all. I was LIVID. It took me a very long time to forgive him for that. So in a sense I can relate to the feelings of resentment you might have.

Is it possible that your husband had a different idea of this “understanding” – perhaps he viewed it as more of an open matter than you did? People often talk about future plans but it’s not uncommon for them to change their minds.

When we agree to marry someone, particularly in an international marriage, we have to be open to the possibility that we may end up leaving certain things behind – i.e. familiarity, family, friends, our old home, etc.

I’m inclined to agree with the person above – moving to the U.S. will not necessarily fix your marriage. It may bring you a host of new problems – the adjustment process he will have to go through could impact your marriage there, the same as what you’re dealing with in Spain.

The differing approach to the Catholic faith is the most serious issue here, though, and I am struggling to understand why the two of you agreed to marry when you hadn’t gotten along the entire time. You may not resolve the expatriate living situation straight away, but clearly there are issues in the marriage that have to be addressed regardless of where you end up living.

I know nothing about the annulment process as far as giving advice on the matter, but I can certainly offer my prayers for you and your husband today.
 
I also neglected to mention using the resources for expats available online, if you haven’t already. A lot of blogs and websites have pretty good advice about how to cope with life abroad and make the most of it, especially when you feel like you left your heart at home.
 
The short answer is NO: absolutely not. But bear with me through the “tough love” part and read to the end – there’s hope.

First, let’s talk about some hard truths, because nothing gets better if we don’t own up to our own mistakes. You’ve “been with” this guy for 10 years, moved to Spain to be with him six years ago, and got married four years ago… you say you “didn’t get along” all that time.

Something doesn’t add up. You don’t move to another continent to be with someone you don’t get along with unless you’re one of those women attracted to aloof “bad boys” due to lack of maturity on your part (or you already had a child together before you got married). You also don’t say how old your children are, but given that you have been following this “bad boy” around for a decade, and he makes no effort to live as a follower of Christ, I have to assume that you were fornicating before you got married. I’ll even go out on a limb and guess that an unwed pregnancy MAY be the reason you married a man who does not share your faith. If any of that is correct, you were not practicing Catholicism either (in any meaningful sense), and you knew what you were getting into but chose to do it anyway – despite all the red flags.

BUT EVEN IF NONE OF THAT IS TRUE, the answer is still NO, because you made life-long vows before God and man (to a man you had already “been with” for six years, no less – it’s not like you have any excuse for not foreseeing this), and he has not done anything that would permit you to initiate a separation, much less a divorce or annulment. It certainly does not justify separating him from his children – that’s not your call to make. If he was abusing you and you had to get away for your physical safety, that’s one thing (still not grounds for divorce or annulment, but grounds for physical separation until it is resolved). But that’s not the case or you would have said so. You are not being “abused” (perhaps the most overused word in the English language) – you are looking for a way to get out of submitting to a husband you no longer wish to submit to because you’re not getting your way, even if it means breaking your vows and turning his/your children into “divorce-orphans.” It is his job to lead the family – it is your job to submit to his leadership. He is answerable to God, not to you (Ephesians 5:22-24). You certainly may express your opinions and preferences until he decides, but when you said “I do” in Christian matrimony, you put yourself under his headship: “for better or worse, ‘til death do you part.”

Frankly, it sounds like BOTH of you have a long history of choosing poorly, but choosing poorly isn’t a “Get-Out-of-My-Sacred-Vows-Before-God-Free” card. You violated 2 Corinthians 6:14 (“Do not harness yourselves in an uneven team with unbelievers…”) when you married him and started making babies, so the fault is every bit as much yours as it is his. But your marriage is real, and no man or tribunal of men can retroactively make it “un-real” in God’s eyes.

That was the “tough love” part. Now comes the part where there’s hope:

Fortunately, scripture gives instructions for these EXACT kinds of situations: Peter 3:1-2 says, “In the same way, you wives should be obedient to your husbands. Then if there are some husbands who do not believe the Word, they may find themselves won over, without a word spoken, by the way their wives behave, when they see the reverence and purity of your way of life.”

There it is – right there in the Bible in an epistle penned by Peter himself: Be a submissive wife and, by your behavior (not by nagging or arguing – it says “without a word”), you may win over your unbelieving husband.

Why not give God’s way a try?
 
It is his job to lead the family – it is your job to submit to his leadership. He is answerable to God, not to you (Ephesians 5:22-24). You certainly may express your opinions and preferences until he decides, but when you said “I do” in Christian matrimony, you put yourself under his headship: “for better or worse, ‘til death do you part.”
  1. Are we quite sure that the OP and her husband are married in the Church? They might be, they might not be. Given her husband’s feelings about the Church, a civil marriage is not unlikely.
  2. You know, even if the OP did have a Catholic wedding, Catholic brides (at least in the US) do not vow submission. In fact, the vows are identical for each spouse:
en.wikipedia.org/wiki/Marriage_vows

You’ll notice that the Anglican vows do traditionally say “obey,” but that “obey” is optional in modern usage.

So, you are telling the OP that she has vowed to do something that it is almost certainly the case that she has not vowed.
  1. The OP should see her pastor (ideally an English-speaker if that is an issue).
  2. I think the OP is in her rights to insist on long vacations in the US, with substantial amounts of family resources being spent on that. That arrangement is typical for trans-Atlantic couples. (My sister is married to a Western European and they live in the US, but they often fly back and forth with their family.) Likewise, if the couple were to move to the US, it would be reasonable for him to insist on long vacations in Spain.
  3. The OP should also insist on counseling for herself and for them as a couple.
 
Plinz,

By the way, do you believe that the OP would need to submit to not raising her children as Catholics just because her husband said so?

That would be taking submission rather far.
 
Plinz,

By the way, do you believe that the OP would need to submit to not raising her children as Catholics just because her husband said so?

That would be taking submission rather far.
CatholicTina,

Some of the scripture I quoted was specifically addressed to women with unbelieving husbands… women who converted to Christianity after they were married in pagan ceremonies. In 2000 years no one has disputed whether those passages of scripture applied to women not married in churches. In fact it was to such women that the scripture is addressed, so the validity of your marriage does not depend on whether it took place in a church or not. It doesn’t even matter whether you specifically took a vow to obey: wifely submission is found in scripture and Church tradition. You ARE married, and both the Bible and 20 centuries of the traditions of the Church are very clear about what that means.

Read 1st Peter 3:1 and Ephesians 5:22-24. it’s as plain as day. You can choose God’s way or man’s way.

Choose wisely.
 
CatholicTina,

Some of the scripture I quoted was specifically addressed to women with unbelieving husbands… women who converted to Christianity after they were married in pagan ceremonies. In 2000 years no one has disputed whether those passages of scripture applied to women not married in churches. In fact it was to such women that the scripture is addressed, so the validity of your marriage does not depend on whether it took place in a church or not. It doesn’t even matter whether you specifically took a vow to obey: wifely submission is found in scripture and Church tradition. You ARE married, and both the Bible and 20 centuries of the traditions of the Church are very clear about what that means.

Read 1st Peter 3:1 and Ephesians 5:22-24. it’s as plain as day. You can choose God’s way or man’s way.

Choose wisely.
So, is a Catholic woman obliged to obey a non-Christian husband that tells her not to raise their children Catholic?
 
Not wanting to raise the children catholic makes a marriage invalid.
 
So, is a Catholic woman obliged to obey a non-Christian husband that tells her not to raise their children Catholic?
For mixed marriage (dispensation for disparity of cult or permission of disparity of worship): **CIC Can. 1125 **The local ordinary can grant a permission of this kind if there is a just and reasonable cause. He is not to grant it unless the following conditions have been fulfilled:
1/ the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church;

2/ the other party is to be informed at an appropriate time about the promises which the Catholic party is to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the Catholic party;

3/ both parties are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude.
 
For mixed marriage (dispensation for disparity of cult or permission of disparity of worship): **CIC Can. 1125 **The local ordinary can grant a permission of this kind if there is a just and reasonable cause. He is not to grant it unless the following conditions have been fulfilled:
1/ the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church;

2/ the other party is to be informed at an appropriate time about the promises which the Catholic party is to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the Catholic party;

3/ both parties are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude.
I’m really wondering what kind of wedding the OP had, as those cites may not be relevant to her situation.

OP, was it a civil wedding?
 
CatholicTina,

Some of the scripture I quoted was specifically addressed to women with unbelieving husbands… women who converted to Christianity after they were married in pagan ceremonies. In 2000 years no one has disputed whether those passages of scripture applied to women not married in churches. In fact it was to such women that the scripture is addressed, so the validity of your marriage does not depend on whether it took place in a church or not. It doesn’t even matter whether you specifically took a vow to obey: wifely submission is found in scripture and Church tradition. You ARE married, and both the Bible and 20 centuries of the traditions of the Church are very clear about what that means.

Read 1st Peter 3:1 and Ephesians 5:22-24. it’s as plain as day. You can choose God’s way or man’s way.

Choose wisely.
If the Couple is Catholic marriage outside the Church is invalid.
Natural marriage (marriage between Christian and a Non-Christian is dissolvable through Petrine or Pauline privilege depending in circumstance.
And as far as a wife’s duty to obey her husband only extends to leadership that is in unison with Christian teaching, a husband cannot command his wife to disobey the Church or God which is why we have peterine and pauline privilege.
Also a husband must love his wife like Christ loves the Church .
This submission extends to all things. God is first and all legitimate authority extends from him.
 
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