Expert: Fr. Timothy Johnson - 9/24/2009

Question
Good day!  I am a Catholic and now married (for almost 3 years)  by the Justice of  Peace to a Wisconsin Lutheran  who is a two time divorcee.   I do not have any previous marriages.  He had  2 previous marriages both  performed by a pastor and each were subsequently divorced by the court.  For the first marriage, we do not have on hand a copy of his Marriage Contract but for the 2nd marriage, we have a copy of the Marriage Contract.  We also have on hand certified true copies of both his divorce decrees.   He was baptized and confirmed on the same day as an adult at a Lutheran Church in Wisconsin.  The only proof of his baptism and confirmation that we have is a photocopy from the page (with his name and date handwritten) of the Lutheran Church register book where he was baptized and confirmed.  We would like to get married at a Catholic Church. I have been attending Catholic Masses but I am unable to receive Holy Communion because my situation (of being married by a civil court only). My husband joins me in attending the Holy Mass and acknowledges  that he can not receive Holy Communion because he is not a baptized Catholic.  He prefers to stay a Lutheran and not convert to Catholic.  Also, because of our ages (he’s 62 and I will be 50 years old next year) we do not plan to have children of our own.


In view of the above, may I ask the following questions:  

1.   Since his 2 previous marriages were not performed by a  Catholic priest through a  Catholic Church ceremony is he still considered as “single” and is therefore free to marry at a Catholic Church?
2.   If  not, what documents do we have to present to the Catholic authorities so we’ll be allowed a Catholic wedding ceremony?  
3.   I have read of terms like “Lack of  Form” and “Dispensation of Disparity of Cult”. Can you please explain in simple words what they mean? Will any of those apply to my case?
4.   What are the differences and similarities between a Catholic marriage (i.e. Catholic ceremony, by a priest at a Catholic Church)  and a marriage being “blessed” by a Catholic priest done at a Catholic Church?

Thank you very much and God bless!

Answer
Hi, Vilma:
Thanks for the questions...
It would be helpful to know when your husband with whom you have a civil contract of marriage was baptized - was he baptized after the first two marriages?
If he was not baptized at the time of the first two marriages, you might be able to look into getting the "Pauline Privelege" from Rome, which for a just reason to live in peace with a Baptized Christian, the first two non-sacramental marriages are dissolved by the Apostolic Authority of the Church "in favor of the Faith."
1. If he was baptized at the time of the former marriages, then he will need to look into each marriage with a "formal case" to determine whether there was something in the quality of each marriage from the very beginning that prevented them from being truly sacramental marriages.  A Sacramental Marriage is that sort which "what God has joined, let no man divide."
2. Documents to use: your baptismal certificate, and some sort of documentation of his baptism; and the marriage licenses of the previous two marriages, as well as the two divorce decrees.  These are necessary for the Church Authority to look at the matters - they do not guarantee that you will be able to get a lawful sacramental marriage by the Authority of the Catholic Church.
3. Dispensation for disparity of cult is necessary for a baptized Catholic to marry a non-baptized person... it does not seem it would be necessary in your case; rather, since he does not intend to become Catholic, you would be looking at a possible "permission for mixed religion."
"Lack of Form" applies to a Catholic who does not observe the "Form" for a lawful marriage, which includes going through marriage prep for a marriage lawful in the Church; to go through a Catholic liturgical marriage ceremony performed by a duly authorized Priest or Deacon; in a Catholic Church building, in the presence of two witnesses.  One is not bound to all aspects of this form if proper Church Authority has given a dispensation from it.
4. A marriage "blessed" by the Church, as you write, is a word many use to refer to what is technically called a "convalidation."
This is a situation where a Catholic at the time of a civil marriage did not observe Church Law or Canonical Form, and rather had a "Lack of Form."  The marriage is invalid and non-sacramental in the eyes of the Church.  When the situation is brought to Church Authority, and if it can be made right, then the marriage vows of consent are made again publicly by the couple in the sight of a Priest or Deacon... and provided that there are no defects in the consent by the wedding vows on the part of one or other or both of the couple, then the marriage would be recognized as valid from the time the vows were made lawfully.

Fr. Timothy Johnson