The grounds for an annulment

[RollTide1987]

Okay…so I have a friend. She is in what she calls a physically and psychologically abusive marriage. She has a kid with this guy. And she’s a non-Catholic. If she were to divorce her husband and start a relationship with a Catholic, could she have her marriage annulled by the Church?

 

[DavidFilmer]

Nothing is guaranteed, but from what you say, there should be no problem. The fact that she was not Catholic and did not marry in the Catholic Church removes a big impediment.

 

[Rence]

Okay…so I have a friend. She is in what she calls a physically and psychologically abusive marriage. She has a kid with this guy. And she’s a non-Catholic. If she were to divorce her husband and start a relationship with a Catholic, could she have her marriage annulled by the Church?

Depends on the conditions of the first marriage. So she is non-Catholic, what is her husband? An abusive marriage, by itself, is not grounds for an annulment.

 

[SuscipeMeDomine]

She would have to meet with her pastor or the pastor of her Catholic friend. He will be able to ask the appropriate questions and get her started. Unfortunately, no one here can judge whether she would qualify or not.

 

[RollTide1987]

Depends on the conditions of the first marriage. So she is non-Catholic, what is her husband? An abusive marriage, by itself, is not grounds for an annulment.

Her husband, like herself, is a Southern Baptist. She says she’s in an abusive relationship (both physical and psychological), that she doesn’t find him attractive at all, and finds the thought of sexual intercourse with this man repulsive.

 

[sscott]

She would have no problem if she didn’t marry a Catholic. She should consider her options before making a decision. She may get an annulment not because he’s abusive now, but because he had no understanding of the duties of marriage before he married her.

 

[YADA]

Actually the presumption of the Church is that her marriage is valid until proven - by the testimony of witnesses, herself and her spouse differently. In many ways the bar seems higher …
Just as with a catholic or mixed marriage she would need to civilly divorce then seek a decision from a tribunal.

I hope I am vert wrong in feeling this way …One major question this post begs …why - as a person currently married is she considering or already entering into a relationship with a Catholic? And why would a Catholic be cosidering or entrting into a relationship with a married person? … The post would imply both parties are thinking ahead to the break up … Not the best foundation upon which to start a relationship.

 

[Catholic1954]

No one on this forum can say if your friend can be granted an annulment or not, there are many factors involved. If she is interested in obtaining one, then she should contact a priest who will be in the best position to advise her. BTW to marry a Catholic, in the Catholic Church, she will need an annulment.

 

[FrDavid96]

Okay…so I have a friend. She is in what she calls a physically and psychologically abusive marriage. She has a kid with this guy. And she’s a non-Catholic. If she were to divorce her husband and start a relationship with a Catholic, could she have her marriage annulled by the Church?

&

Her husband, like herself, is a Southern Baptist. She says she’s in an abusive relationship (both physical and psychological), that she doesn’t find him attractive at all, and finds the thought of sexual intercourse with this man repulsive.

She could submit a petition for a declaration of nullity.

A word of explanation here: a declaration of nullity means that a marriage never actually happened in the first place, despite the fact that there was an appearance of a marriage (like a legal marriage ceremony or even a religious ceremony). The marriage tribunal (the court that makes that decision) looks at the circumstances leading to the marriage ceremony and the ceremony itself. It’s not about what happened after the ceremony–although this can sometimes be an indication of what preceded the ceremony.

An annulment is not about voiding a marriage that went bad. Instead it’s about determining that the marriage never truly happened.

If this is a purely hypothetical question; meaning that you are just wondering if such a thing is possible, then the answer is “yes, it is possible, provided that she has legitimate grounds and can prove that.” Lots of things are possible, but that doesn’t mean they will happen.

If your friend is actually considering petitioning for a declaration of nullity she first needs a civil divorce (or civil annulment), then she can approach the local Catholic pastor who will guide her through the petition process.

 

[ProVobis]

I hope I am vert wrong in feeling this way …One major question this post begs …why - as a person currently married is she considering or already entering into a relationship with a Catholic? And why would a Catholic be cosidering or entrting into a relationship with a married person? … The post would imply both parties are thinking ahead to the break up … Not the best foundation upon which to start a relationship.

You’re not wrong in thinking this way. When I petitioned for an annulment, it wasn’t to remarry. They were ready to throw in a ton of extra questions and probably delay the process if there were someone else involved.