Expert: Fr. Timothy Johnson - 1/21/2008

Question
QUESTION: I'm in the annulment process but am wondering if it is even necessary.  
I was baptized Methodist in 1969, but converted to JW in 1989 to marry a raised-JW man in 1990.  We were married in a civil ceremony (in a courthouse by an attorney).  We divorced in 2004.  I "disassociated" from JW in 2006.
Currently, I'm engaged to a Catholic man and I have every intention of converting.  Knowing an annulment to my JW ex was necessary to marry in the church, I started the process.  During my first visit with the priest, he phoned someone 'in the know' about the JW angle of it all.  What he said he found out was that because the Catholic church does not recognize the JW as Christian (because of denying the Trinity, he said), then the marriage was not recognized in the first place.  Basically he insinuated that the annulment process was unnecessary, but going ahead with the JW angle would mean submitting the info to Rome and that they are "notoriously slow"; he said that the paperwork etc process of annulment would actually be the faster way.
Not that I'm looking for a "fast track" to having my first marriage annulled, based on the fact that my ex was JW and therefore not Christian, and that therefore again the marriage was not Christian... and yet again therefore somewhat "instant-annulled" based on this, but yes, I'm looking for the "fast track" :)  Can you enlighten me on what maybe my possibilities are?

Thanks so much.
Rachel

ANSWER: Hi, Rachel:
Thanks for the question.
To the best of my understanding, based upon the information you have given me, there are some basic points that need to be outlined.
You as a Methodist are most likely validly baptized,
but since you were not Catholic when you married the JW, you were not bound by Canonical Form.  Therefore there is no "Lack of Form Case" in your situation, and no recourse to a line of approach that can really treat it as "never really happened", or "not a true marriage."  (At least on the level of Canonical Form.)
It is true that the Catholic Church does not recognize JW Baptism because of their defective, and non-Christian theology (not simply because of heresy).
Therefore, if the marriage was valid and lawful between you and the JW, it still was not a "Sacrament" because it takes 2-baptized persons (man & woman) to make a lawful marriage a Sacrament.  If your marriage was all in order, then it was a natural law contract of marriage.
I believe that the Priest (in speaking about submitting the case to Rome) must be looking at the "Petrine Privelege", to seek for a Baptized non-Catholic (yourself) to have the "Powers of the Keys of Peter" to dissolve your non-Sacramental Marriage" in favor of the Faith, for your sake as a Baptized person, and for the Catholic whom you wish to marry.
Another matter that I would encourage you to look into would be the opportunity to renounce the false beliefs of the the Jehova's Witness religion that you took on in your past when you married the JW; and then to affirm your belief in the Christian Faith of the Most Holy Trinity, and the Incarnation of Jesus Christ as Savior.  Perhaps with a lot of prayer and study, you will begin to see that these fundamental "core" Christian Beliefs were defined by, and come out of the Catholic Tradition anyway, and continue in the Catholic Church.
So, at last, there technically is not a question here of a fast-track "anullment."  It is a case for Rome, called "Petrine Privelege"; but it could be proposed as an anullment case at the local level of the Tribunal if you believe that there is evidence to suggest that there was some reason that the marriage as a lawful non-sacramental contract had some problem that caused it not to really take effect from the very beginning.
+ God bless you...

Fr. Timothy Johnson

---------- FOLLOW-UP ----------

QUESTION: Fr. Johnson -- thank you for your fast and kind reply.  In the time between posting my question and receiving your answer, I did some more research and did come across the "Petrine Privilege" that you mentioned.  I found one account that mentioned it taking up to a year for it to be 'granted'; no doubt this is why my local Priest told me that the Tribunal etc way was quicker, albeit more time-consuming for me.  Worth it, nonetheless.
It is true that I am baptized and my ex was never baptised into anything Christian, therefore your comment about our marriage not being a Sacrament is correct, and the "Petrine Privilege" applying in my situation.  
A question about this -- I did write in under "Other" for reasons I believe the marriage is null in my first round of annulment papers that it was a JW marriage.  Is this what you mean by "proposed as an anullment case at the local level of the Tribunal if you believe that there is evidence to suggest that there was some reason that the marriage as a lawful non-sacramental contract had some problem that caused it not to really take effect from the very beginning."? Are you saying that because the marriage was not Sacramental, then that could be the root of the reason it didn't work? Because without Christ in a marriage (in the proper sense, not the JW version), how CAN it work...?  Please let me know your thoughts on that.  
Your encouragement to leave JW behind is taken to heart, and I'm already two years completely out (complete with their shunning me because of it -- yet one more "loving christian" thing they do).  Their beliefs never rang true in my heart and mind the 15 years I tried to follow it all.  I joined for the wrong reasons, but there came a point where I felt I was 'stuck'.  No doubt you know that it is a cult that encourages cutting off all former non-JW association and many many other things that eventually leave one isolated in a type of mental and emotional 'commune'.  Time and space is too short here to list all the reasons I have for truly despising that religion.
At present, I've searched in other churches (Christian!) for something that 'fits'.  My fiance aside, I've found that the Catholic church, despite many rules and policies (which yes, I'm finding do have a reason behind them) has given me a type of peace when I attend.  I'm only in the very beginnings of wanting to learn more and eventually -- help me with the proper terminology -- become fully Catholic.  I feel a need to belong somewhere, and also be accepted somewhere.  I believe RC is that place.

I thank you again for your reply.

Rachel

Answer
Hi, again, Rachel:
- and thanks for the follow-up question.

First of all I want to comment that if it only takes one-year for Rome to act on something like a "Petrine Privelege", that is actually pretty quick - for the pace at which Rome works...

But take some time to look deeper into the true facts of your situation, and pray for patience that a solution that will bear the "Truth" of the facts will come forward to help your soul, and that of your finacee.
The "Petrine Privelege" is the only means that could say "because it was not sacramental, it did not work; and since the baptized and the non-baptized cannot live in peace in the marriage, it is dissolved (not anulled, dissolved) IN FAVOR OF THE CHRISTIAN FAITH."
An Anullment at the local level in the Marriage Tribunal of your Diocese is not looking to "dissolve" a non-sacramental, albeit lawful marriage... it is looking to see whether there was some obstacle to it being any kind of authentic marriage, due to some defect that would not allow the two parties FREELY to enter into even a natural law marriage contract.  A non-sacramental marriage is still a marriage, even though it is not a sacrament.  Even a decent and moral non-Christian person ought to believe in and respect his own word and promises, and those of others, sincerely given.
So be careful how you approach this situation.   In the final analysis what really matters is not "how quick" can I get something I want... Rather, the TRUTH needs to be flushed out and come to the surface for an authentic resolution, whatever that may be.  I know that this is not something easy.  Pray for guidance, patience, and openness to God's Will.
It just seems to me (not knowing any deeper psychological or other issues of your marriage to a JW) that the most forthright thing is that you were not able to live in peace with a non-baptized, non-Christian person, and you humbly ask the powers of the Keys of St. Peter to have that marriage dissolved in favor of the Faith;
unless there truly are deeper issues that could and ought to be brought to the Tribunal to look for reasons for a cause to issue a decree of nullity (i.e. to grant an anullment).

Fr. Timothy Johnson