"Marriage" was adultery. Need annulment still?

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Fraevo63

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I hope I’m able to get a concrete answer about this:
I was was once married to a woman who was twice divorced. She didn’t get annulments before we married. Neither of us were in a state of Catholic grace and we were married by a secular minister with a secular ceremony. We divorced after 6 years. I’ve come to learn that our “marriage” was not really a marriage , but an adulterous relationship. If I were wishing to be married now in the Catholic Church in a state of grace, would I need an annulment even though that “marriage” was an adulterous relationship? I am a 55 year old male.
Thank you. ❤️
 
You would need an annulment, yes, but if the facts are as you say it shouldn’t be too hard.

An annulment isn’t a Catholic divorce. It’s an official finding that the marriage never existed. So the annulment would be necessary in order to essentially make it official in the Catholic church that you’ve never been married.

Talk to your priest to start.
 
Thank you so much. I have one more question please:
Does my former wife need to be contacted and involved in the annulment procedure? I am very much not wanting to cause her grief as we have been divorced over 10 years and don’t have any relationship anymore and never had children together.
 
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You need to sit down with an Advocate from your Tribunal. You may have a “prior bond” or “ligamen” petition as opposed to a full case.

I’d go ahead and locate her records for both marriages and her divorce decree, these will be required.
Fraevo63 said:
Does my former wife need to be contacted and involved in the annulment procedure?
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If you need a full case, then yes the Tribunal will attempt to contact her to allow her to give testimony.

For a ligamen case, no, as long as you have all of the records, no contact will be required.
 
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I know it seems unrealistic, but it was my sincerest hope to not cause her any grief or heartache. I really don’t have any idea how to get records of her previous 2 divorces before ours in 2008. Thank you for your answers. I appreciate your (name removed by moderator)ut. At this point, I have zero prospects of marrying, but I very much needed some answers in the event that marriage does become a possibility.
 
The tribunal will send her a letter inviting her to be involved if she wants. She has the right to be notified, the right to give testimony, and the right to examine the evidence presented. (Some evidence may be redacted if the tribunal has a reason for doing so.) She also has the right to decide, after being notified, that she does not wish to be involved. If that happens, I expect they’ll still give her notification of her right to examine the evidence and of the final decision, but other than that they won’t contact her again.

Hubby has a declaration of nullity from his first marriage. His ex decided that she did not want to be involved. The case proceeded without her and it was determined that the marriage wasn’t valid.
 
With the internet, one can have access to all sorts of public records. Marriage and Divorce decrees are public records in the US.
 
Then you married outside the Catholic form without a dispensation to do so. Such attempts by a Catholic are invalid.

Her prior marriages aren’t relevant due to the above fact and you won’t need to go the route of a decree of nullity or a ligamen case. Your ex will not need to be involved at all.

Lack of form is a simple documentary process. Go talk to your pastor and complete the paperwork and submit it to the diocese. It requires your sacramental records (your priest can get them from wherever you were baptized), your marriage certificate, and your divorce decree.
 
DarkLight said:
You would need an annulment, yes, but if the facts are as you say it shouldn’t be too hard.
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The OP is a Catholic married in a civil ceremony without dispensation. There is no decree of nullity needed. It’s a documentary case due to lack of form.
 
TheLittleLady said:
You may have a “prior bond” or “ligamen” petition as opposed to a full case.
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The OP, a baptized Catholic, has a lack of form situation.

Because of that, he does not need to prove ligamen.

But, PS, if he did have to prove ligamen, the ex (respondent) must indeed be contacted as well as their prior spouse (Co-respondent) and the petitioner must also provide two witnesses.

In addition to the marriage certificate and divorce decree, the Church must also determine baptismal status of the parties, whether the corespondent is still alive, whether either had prior marriages, etc.
 
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1ke said:
The OP is a Catholic married in a civil ceremony without dispensation. There is no decree of nullity needed. It’s a documentary case due to lack of form.
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Fair enough. I was always under the impression that was a form of annulment, just one that could be processed more quickly.

Either way, the first step is talking to his pastor.
 
It’s a declaration of nullity (i.e. a statement that the marriage isn’t valid and the parties are free to marry) but it doesn’t require a formal nullity trial. It’s something you can prove “on paper” so no testimony or formal process is needed.
 
I am the “OP” and I would like to extend a thank you for the answers to my questions here. I am very grateful.
I will speak to my pastor about this as advised.
 
His_helpmeet said:
It’s a declaration of nullity (i.e. a statement that the marriage isn’t valid and the parties are free to marry) but it doesn’t require a formal nullity trial.
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Actually, it isn’t a declaration of nullity at all. That is something specific.

In the case of a lack of form, there is no presumption of validity. It isn’t addressed in canon law at all.

In the US and Canada, and maybe some other places, the pastor gathers the information and sends it to the diocese for documentation. But ultimately this is a case where freedom to marry is establised because neither party has entered valid marriage.

In other parts of the world, for example Europe— the pastor handles it during premarital preparation— nothing goes to the diocese. No marriage in the sacramental register = no valid marriage = free to marry in the Church.
 
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I’d speak to your priest about this. Acts of nullity or what necessitates nullity are complex in the Catholic church. There may be another provision.
 
Since the OP is a baptized Catholic (and it appears he was so at the time of his marriage), it won’t be complex—nor even a decree of nullity.

OP, consult your pastor —he should be able to help you quickly get the paperwork filed for a lack of form. And your ex will not be contacted
 
Thank you so much for everyone’s (name removed by moderator)ut here. I am 55 years old but holding out hope that perhaps I might one day marry properly before the Lord in His holy Church. I am not dating or looking, but it has been on my mind a lot.
Peace and Blessings in Christ
 
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