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QUESTION: Dear Father,
I am a Catholic and had a civil marriage to a non-Catholic. He is not from the US and we got married so that he could work here. Our plan was to have a Catholic wedding in another 2 years but we have decided that based on the fact that he wants to move back to his native country and that he would not convert to Catholicism that we should get divorced. I have two questions:
1. Because we were not married in a Church and we did not take vows in front of God, does the Church consider this a valid marriage and would I need to get an annulment through the Catholic Church if I wanted to be married in the Catholic Church to another man?
2. If I were to get a civil annulment, would I still need to get an annulment through the Catholic Church if I wanted to marry in the Catholic Church?
Thank you in advance for your response.
Mary
ANSWER: Hi, Mary:
Thanks for the questions.
1. Unless you went thru marriage prep with a Catholic Priest and got a "dispensation from Canonical Form", then your civil marriage is not recognized as lawful by the Catholic Church.
2. Seems to me that you are looking at a "Lack of Form Case", and probably not an "anullment."
You will need to take your circumstances to the local Parish, or Diocesan Tribunal in order to get clarification on these matters.
I hope this helps.
Fr. Timothy Johnson
---------- FOLLOW-UP ----------
QUESTION: Thanks for the quick response Father. The second part of my question was more related to getting a civil annulment from the state. Would I still have to tell the Church I was legally married if I get a civil annulment?
How long does the "lack of form case" take to process? Is it also considered an annulment or just that the marriage was never recognized by the Church to begin with so there is no need for an annulment?
Thanks!
Hi, Mary:
Yes. Let the Church know about the civil marriage, even if it gets anulled by the state, as a state anullment is not really the same as a Church anullment.
The "Lack of Form Case" is a simple, quick, easy, and straightforward paperwork matter. I guess it would take about as long as it takes to fill out the paper, and get it filed with the Church. It means that the marriage was never recognized by the Church to begin with.
Fr. Timothy Johnson
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Answers by Expert:
Fr. Timothy Johnson
Expertise
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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