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QUESTION: I was informed today by the deacon of the Catholic Church I attend in good standing that I would not be able to get married in the church because my fiancee is a divorced non Catholic without an annulment from his first wife. They did not get married in the Catholic Church. An annulment with his first wife's cooperation is out of the question. He is a baptized Christian. It is very important to me to be married in the Catholic Church. What should I do?
ANSWER: Hi, Priscilla:
Thanks for the question.
This is one of those cases that shows so clearly the idea of "getting married in the Catholic Church" meaning "getting married by the Authority of the Catholic Church." Your fiancee as a non-Catholic was ot bound by Catholic Church Law in order to enter a valid marriage; but rather, was bound only to the positive natural law and Divine Law for a valid marriage.
There are two important questions that you ought to look into more closely that might be able to help your situation as you seek to marry your divorced fiancee:
1. Was his former wife possibly a Catholic who did not observe Catholic Church Law in marrying him outside the Authority of the Catholic Church? If so, then the marriage would be invalid and non-sacrmantal.
2. Was his former wife possibly a non-Baptized person? If so, you could look into dissolution of a natural bond marriage in favor of the Faith...
I suggest that you speak to the Deacon of your Church in greater depth in order to better understand your situation. It sounds like he knows what he is talking about; but it might not hurt to look into the questions I proposed, just in case there are some other important factors. A lot of time we can easily overlook certain key factors by making assumptions. I wish you the best of luck.
Fr. Timothy Johnson
---------- FOLLOW-UP ----------
QUESTION: The answer to question #1: Yes, his former wife was a Catholic and yes, they did not get married in the Catholic Church. My understanding from your statement is that because they were not married in the Catholic Church we would be able to get married in the Catholic Church I attend.
Is that correct? I know I can go to my Deacon with this question but this is so important to me that I would this confirmed by you Father.
ANSWER: Hi, again, Priscilla:
Since his former wife was a Catholic and bound by Canonical Form, and she did not go through the process and procedure of being married in the Catholic Church (by the Authority of the Catholic Church); then that marriage was not valid and sacramental. Therefore, provided all other matters are in order for a lawful celebration of the Sacrament of Marriage, you should be able to get married in the Catholic Church. First and foremost you will need to obtain a decree of "Lack of Form" for your current fiancee's former attempted marriage.
Fr. Timothy Johnson
---------- FOLLOW-UP ----------
QUESTION: I am so disappointed. I was mistaken. His former wife was not a baptized Catholic, she was baptized in a Christian church but not Catholic Church. I went to Deacon Joe with this information. His suggestion was to have their marriage annulled. In this case this is not an option because of the time frame trying to locate the x-wife and the lack of cooperation from the x-wife. I have become obsessed with this problem. I so want to get married in the Catholic Church. Do you have any other suggestions? Do you know of any other possiblities?
Hi, Priscilla:
No. I am sorry. In order to look into the possibility of getting a decree of nullity of the former marriage as non-sacramental, it will be necessary for you to go through the process with the Marriage Tribunal. They have a procedure for working on the case when a former spouse is not cooperative. You will need to begin the process to see whether or not she might just possibly be cooperative. You never really know unless you ask, as uncomfortable as that may be. The Tribunal can guide you in the particulars of the matter necessary.
I wish you the very best, and I hope it works out for you.
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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