Catholics/Divorced non catholic

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Expert: Fr. Timothy Johnson - 1/13/2008


Question
My question is about marriage and the catholic church.  I am a non catholic who was married in 1994.  The marriage lasted approximately 6 months and we were divorced.  The reason for the divorce was abuse by my ex.  I have remained single ever since but met a man last year who is a catholic.  We have talked about marriage and he would like for a catholic wedding.  My question is about annulment and whether because of why my marriage broke down if this would be possible.  

We were married in a church of england wedding ceremony, I am baptised but I do not know whether he ever was and can find no record of a baptism for him.  The other problem is I have never spoken or seen this man since January 1995 and I have no idea how to get in touch with him which I know the tribunal would wish to do.

Please could you give any advise?

Answer
Hi, Angela:
Thanks for the questions.
I take it from the information that you gave me, that neither you nor your ex-husband is Catholic.  You are Anglican, and his status is uncertain...
As a non-Catholic, you were not bound by Canonical Form that arises from Catholic Church Law on those under her jurisdiction; however, you were bound as anyone no matter what under natural and divine law.
One very important piece of the puzzle you present here is to know whether your ex-husband (from whom you are civilly divorced) was ever baptised or not.  This would establish the objective parameters of whether we are looking at a Sacramental Marriage, or a Lawful Union, Natural Law Marriage.
In order for you to now marry a Catholic (provided the Catholic cares to stay in good-standing with his Church), it must be established that you are both in fact naturally and sacramentally "free to marry."
I am assuming that the Catholic gentleman is single, and has never before attempted marriage?
If this is correct, then YOU will need to have your past marriage brought to tribunal through the anullment process, to determine whether or not there merits a declaration of nullity (granting of an anullment).
If your former spouse is not baptised, this might help make a case for a "Pauline Privelege" by which the authority of the Church could maybe, possibly judge to dissolve the natural, non-sacramental marriage with your former spouse, that you may be free to marry a baptised Catholic.
My advice is that you and your current spousal prospect arange to meet with his Parish Priest to present your case and circumstances.  Until these matters are resolved completely, and you are both determined to have the moral and legal freedom to marry, then a marriage date could possibly be set.  Until then, don't get frustrated that the Priests will not and cannot arrange a date for a marriage ceremony.
These things have to be ironed out on the local level.  In a forum such as this, I can only speak to the situation as presented and described to me, and posit general church teachings based upon what seems to be the case.  Get to a local Priest to work on this matter.

Fr. Timothy Johnson

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Fr. Timothy Johnson

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A Traditional Catholic Priest, validly and licitly ordained, incardinated legally and canonically in the Diocese of Fargo, and in good-standing with my Local Ordinary (Bishop) on active assignment at a rural Tri-Parish. I can provide honest and balanced answers to questions on topics pertaining to Traditional Roman Catholicism of the Latin Church (Councils of Trent and Vatican II)and a lot about the Eastern Catholic Churches, including the Sacred Liturgy, Sacred Scripture, Church History, the use of the Latin language, the tradition of Sacred Music, and current events in the Catholic Church from a traditional, historical and balanced perspective.

Experience

I have been ordained a Roman Catholic Priest since June 2001.

Organizations
Knights of Columbus; Church Music Association of America (CMAA)

Education/Credentials
Ordained Priest, 02 JUN 2001; Ordained Deacon, 27 JAN 2001; MA - Dogmatic/Systematic Theology; MDiv - Professional Degree from Seminary; 2-Years formation with Canons Regular of Premontre including studies and experience in Sacred Liturgy, Chant, Latin, Sacraments, Spirituality. BA - Scholastic/Thomistic Philosophy; BA - Liberal Arts; AA - General Studies.

Past/Present Clients
I serve 3-small, rural Parish Communities in Easter North Dakota
I converted to the Roman Catholic Church in 1981, at the age of 15. Over the years I have done work as an organist, cantor, and choir director for the Latin Rite (English & Latin) Mass (Liturgy of the Eucharist), and even for the Hours of the Divine Office. I have worked as a cantor for a Melkite Byzantine Catholic Church. Presently my pastoral and administrative duties as a Catholic Priest do not allow me as much time as I used to have to devote to Sacred Music; but for my weekend Masses and Solemnities within my Tri-Parish, I offer High Sung Mass in English. Weekday Mass is typically Low Mass (recited Mass) in English, though on occasion I will offer the "Tridentine Mass" in Latin, which I usually offer on my "Day Off", as well. And now, in light of the "Motu Proprio" by his Holiness, Pope Benedict XVI placing the extraordinary usage of the Roman Rite back into the mainstream of the Catholic Church, I have been offering a regularly scheduled SUN, 2:00 PM Tridentine Latin Mass with a community of the faithful that has a stable existence.

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