Lack of form for non-Catholic annulment?

[ardavis]

Hello everyone I am going through the RCIA as we speak and I have been married before (needing annulment). The deacon who handles the beginning of the annulment process has been busy and I am waiting for a chance to talk to him - so I thought I’d get some opinions perhaps while I wait. To make a long and complicated story very short and simple: I am unbaptized and my ex husband was baptized (i think) but not Catholic. We married when I was 19, he was 18, and I was 3 months pregnant. We were dating two months when I found out I was pregnant and we got married two months later. We divorced 6 years later. I found out just recently that the man who married us was not authorized to officiate a marriage. He filed his own non profit “church” in 1999 and by the end of 2000 it was involuntarily dissolved by the state. We were married in 2002 under the assumption he was a pastor. Due to the hurried circumstance we did no checking before the marriage. The state of Oregon maintains that an officiant must be a clerk of the state or someone authorized by a religious co congregation. Unfortunately it also states that as long as you believe you were married then you were married. My question is this: Has anyone heard of getting a lack of form case granted for a non catholic wedding? Or would i even need an annulment since the marriage wasn’t valid because no one authorized to even marry us was present?

Any help (or opinions) would be appreciated since I’m stuck in the waiting land lol Thank you so much and God bless

 

[1ke]

Has anyone heard of getting a lack of form case granted for a non catholic wedding?

No. Lack of form is only applicable when one or both parties are Catholic and marry outside Catholic form without dispensation.

Non-Catholics are not bound to any form. If you were civilly married, then that is all that is presumed a valid marriage until proven otherwise.

Or would i even need an annulment since the marriage wasn’t valid because no one authorized to even marry us was present?

If the state recognizes it as a valid civil marriage, then the Church will too. Did you have to obtain a divorce decree? If so, it was a valid civil marriage.

Any help (or opinions) would be appreciated since I’m stuck in the waiting land lol Thank you so much and God bless

You have several options. A decree of nullity or a dissolution of the bond via the Petrine Privilege. Grounds for a decree of nullity seem rather solid based on your description of the circumstances surrounding your marriage.

I suggest you simply lay out the facts as you did here when you are able to meet with the priest or deacon. If you have legal documentation of the marriage and divorce then bring that. Due to the unusual circumstances he may want to run it by the judicial vicar at the diocese.

 

[ardavis]

Thank you for your reply It is a pretty unusual case … I do have a divorce decree and it was recognized as a marriage. The state does not require any proof from officiants and all they have to do is write in the organization that they are representing on the license. IF anyone had looked into it sooner it would not have been valid. I only recently discovered this (and have been divorced now for years)… I feel like the marriage was a fraud in it’s entirety. From what I hear the Petrine Privelege is rarely granted

 

[WaitingForJesus]

Do not worry. Based on your description, there are other avenues that can be considered if they decide the Petrine Privelege isn’t appropriate.

 

[PaulfromIowa]

Don’t worry. It sounds like a strong case for a decree of nullity. It may take a while for the for the final decree so be patient.

Welcome home to the Church!

 

[ardavis]

Thank you both! I really feel at home and at peace in the Church … and your replies have given me some peace of mind as well. I look forward to being able to be accepted fully into the faith