Why divorce must precede annulment proceedings in the United States

  • Thread starter Thread starter Cojuanco
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Cojuanco said:
canonlawmadeeasy.com/2013/06/27/why-is-the-marriage-tribunal-insisting-i-first-need-a-divorce/

Essentially, unless Catholic annulments are given civil effects by the State either on its own initiative or a concordat, it would cause legal problems otherwise.
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The link you provide is not compelling in the least. The US church could and should change its policy on requiring civil divorce before annulment.

Just like a civil divorce has no bearing on the sacramental marriage, an annulment would not have any bearing on the civil marriage necessarily. This requirement has led to the explosion of questionable annulments in the US as the Church has now had to double down on its pastoralism. The policy can not help to have anything less than a significant chilling effect on the ‘truth seeking’ of the tribunals.

The current practice is a function of the US clergy’s willful ignorance of the horror that is domestic relations law in this country.
 
But if they allowed the civil effects to remain, it would cause unnecessary legal confusion given the fact that separation of church and state is iron clad in this country.
 
Without a civil divorce, an annulment from the church would be pointless. No one ever requires an annulment to separate from a spouse. You only need an annulment if you are wanting another marriage. Legally you cannot marry again if you haven’t civilly divorced.
 
Cojuanco said:
But if they allowed the civil effects to remain, it would cause unnecessary legal confusion given the fact that separation of church and state is iron clad in this country.
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Not necessarily, It could be made clear that the Church’s declaration of nullity or lack thereof, has no bearing whatsoever, on the civil matter.
 
7armyrugrats said:
Without a civil divorce, an annulment from the church would be pointless. No one ever requires an annulment to separate from a spouse. You only need an annulment if you are wanting another marriage. Legally you cannot marry again if you haven’t civilly divorced.
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Permission to separate from a spouse (sever conjugal living) is required of Catholics even if a divorce is not part of the equation except in cases of imminent danger to one of the spouses or the children. Sadly the US church has abdicated its role in this regard.

It is true that one needs both a divorce and a declaration of nullity to remarry both civilly and within the Church. it is not necessary that the divorce precede the anullment process.
 
7armyrugrats said:
Without a civil divorce, an annulment from the church would be pointless. No one ever requires an annulment to separate from a spouse.
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It hardly seems pointless to me. Perhaps you don’t want to leave your current spouse if it is a valid marriage. Knowing it is not a valid marriage changes everything about your willingness to stay in it.

Not every wretched, miserable marriage in this world is abusive. You can’t leave willy-nilly. You need a reason besides misery to separate from your putative spouse.
 
Pug said:
It hardly seems pointless to me. Perhaps you don’t want to leave your current spouse if it is a valid marriage. Knowing it is not a valid marriage changes everything about your willingness to stay in it.

Not every wretched, miserable marriage in this world is abusive. You can’t leave willy-nilly. You need a reason besides misery to separate from your putative spouse.
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This - exactly.
 
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