Question Regarding Divorce as Barrier to Entry Into the Catholic Church

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Assume Nancy, a non-Christian, is married to Hubby1. Nancy and Hubby1 have both been baptized, but their lives show no evidence of faith and they are ignorant of most Christian teachings. Nancy and Hubby1 are married in a Protestant church that does not consider marriage a sacrament. After 2 kids and five years of marriage, they divorce on grounds of irreconcilable differences and irretrievable marital breakdown.

Nancy remarries a pagan, named Hubby2. Hubby2 has no prior marriages. After 2 kids and 15 years of marriage, Nancy and Hubby2 have a true faith conversion experience involving genuine repentance. They seek to be baptized into the Catholic faith.
  1. Can Nancy’s first marriage be annulled?
  2. Assuming the Church determines that Nancy’s first marriage cannot be annulled, is she forever barred from being baptized and partaking of communion in the Catholic church?
 
  1. Yes, it may be annulled, but only after a marriage tribunal renders a finding.
  2. No, another option exists: to live chastely as brother and sister.
 
If someone you know is in this situation, Catholic Answers offers a new book out by Edward Peters.

Annulments and the Catholic Church
Edward Peters
 
I agree with pnewton. I think, Nancy will need to have the validity of her first marriage investigated by the Church because, unless there was some defect at the time vows were exchanged, the Church considers the marriage between a baptized man and a baptized woman to be a sacramental marriage and, since it was consumated, an indissolvable union. If Nancy’s first marriage is ruled still valid by the Church, Nancy and Husband2 can be baptized and receive communion but their marriage would be invalid and they will have to live as brother and sister and not as husband and wife, at least until Husband1 dies.
 
I agree with the other answers. She would have to apply for an annulment of her first marriage. Only after a decision is made on that one can the other part be answered.

About a year after I entered the church, I applied for an annulment. I had, by that time, been divorced for over ten years. I wasn’t planning on remarrying, but I wanted to put that behind me any way. It took about a year after the process was started. It was decided that the marriage had, indeed, been invalid. It’s kind of a long story though. So, I won’t try to go into detail here. If you want to hear it all, let me know.
 
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dts:
Assume Nancy, a non-Christian, is married to Hubby1. Nancy and Hubby1 have both been baptized, but their lives show no evidence of faith and they are ignorant of most Christian teachings. Nancy and Hubby1 are married in a Protestant church that does not consider marriage a sacrament. After 2 kids and five years of marriage, they divorce on grounds of irreconcilable differences and irretrievable marital breakdown.

Nancy remarries a pagan, named Hubby2. Hubby2 has no prior marriages. After 2 kids and 15 years of marriage, Nancy and Hubby2 have a true faith conversion experience involving genuine repentance. They seek to be baptized into the Catholic faith.
  1. Can Nancy’s first marriage be annulled?
  2. Assuming the Church determines that Nancy’s first marriage cannot be annulled, is she forever barred from being baptized and partaking of communion in the Catholic church?
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You state above that Nancy and Hubby1 are Baptized. So Nancy can not be Baptized again. Hubby2 could if he is not already Baptized after Nancy seeks an Anulment and it is granted.

Her first Marriage would need to be investigated.

For all practical purposes, Nancy could not enter the Catholic Church. Until her first Hubby dies, or her second Hubby dies or they separate. Which could mean they no longer live as husband and wife due to infirmity or illness.
 
Different diocese and different parishes may handle this differently. They cannot make a Profession of Faith or receive Confirmation or Eucharist [or Reconciliation] until/unless the first marriage is declared invalid.

In our diocese they cannot proceed to the Rite of Recognition until this occurs.

I [with my pastor’s approval] will allow them to enter the preparatory classes while the matter is under investigation. I don’t think this is true in all parishes/dioceses.
 
Joe Kelley:
Different diocese and different parishes may handle this differently. They cannot make a Profession of Faith or receive Confirmation or Eucharist [or Reconciliation] until/unless the first marriage is declared invalid.

In our diocese they cannot proceed to the Rite of Recognition until this occurs.

I [with my pastor’s approval] will allow them to enter the preparatory classes while the matter is under investigation. I don’t think this is true in all parishes/dioceses.
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I think you mean the Rite of Reception. There should not be any prohibition to a person entering the Inquiry phase and each Pastor may approach each case differently.
 
Br. Rich SFO:
I think you mean the Rite of Reception. There should not be any prohibition to a person entering the Inquiry phase and each Pastor may approach each case differently.
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No - I meant the Rite of Election/Recognition by the Bishop, or actually the Rite of Sending them to the Bishop in early Lent.

I am doubtful about allowing them to proceed to the Rite of Acceptance/Welcoming at the beginning of the Catechumenate, but have encountered no definitive rules on this. On one hand it is difficult to start them and then hold them pending for up to four years. On the other hand one does not like to leave them waiting with no support for up to four years before getting them into the process. Of the several cases we have handled only one did not complete the process. They moved away, and I don’t know what the outcome was.
 
Joe Kelley:
No - I meant the Rite of Election/Recognition by the Bishop, or actually the Rite of Sending them to the Bishop in early Lent.

I am doubtful about allowing them to proceed to the Rite of Acceptance/Welcoming at the beginning of the Catechumenate, but have encountered no definitive rules on this. On one hand it is difficult to start them and then hold them pending for up to four years. On the other hand one does not like to leave them waiting with no support for up to four years before getting them into the process. Of the several cases we have handled only one did not complete the process. They moved away, and I don’t know what the outcome was.
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I have been a bit sloppy in my use of terms. I have always refered to the Rite of Sending (both Catechumens and Candidates) and the Rite of Election and the Call to Continuing Conversion.

“I am doubtful about allowing them to proceed to the Rite of Acceptance/Welcoming at the beginning of the Catechumenate, but have encountered no definitive rules on this.”

It is however a process without end. As long as they understand this, “that it will take as long as it takes”. I think that the relationships that are fostered for those who may have to wrok through many difficult times are important.
 
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