Expert: Father Dave Bechtel - 1/6/2012

Question
I got married 7 years ago to guy who had 2 previous marriages that were both divorced before we got married.  My husband is a baptist but not a practicing one he was baptised as a baptist and his 2 previous marriages where officiated the chapel in Reno Nevada. all exes are not catholic and they were not married to a catholic church. my question is i wanted us to be married to a catholic church i am a devoted cahtolic and practicing catholicsm.  i was told that we need to file a lack of form in order for us to be married in catholic church can it be possible that we be married in a catholic church? he does have all the divorce papers please me. can my husband me can still get married to a catholic church even though my husband will not be converted to a catholic or not be baptized to a catholic?

thanks

Answer
This does not sound like a simple "Lack of Form" Annulment to me.  Who told you this? If your husband was CATHOLIC and he did what he did you would apply for a "Lack of Form" but because he is Baptist he is not bound by Sacramental Form.  Thus if you wish to marry in the Catholic Church he needs to apply for a "Formal Annulment."  The difference between a "Lack of Form" and a "Formal Annulment" is that a "Formal Annulment" tends to be more costly and more involved and more time consuming. When you apply for such an annulment you are basically hiring a Canon Lawyer to go over your case and explain to the tribunal why the marriage should be annulled--because the marriage is always presumed valid until proven otherwise.  Your husband says he was Baptized which means he is a Christian and a member of the Church-though not in full unity with the Church since he is a professed Baptist and not a Catholic.  There is no "re-baptism" or "Catholic Baptism" there is just Baptism---and once a person is validly baptized they are Baptized and nothing will ever change that.

In any case---if you want to marry in the Catholic Church your husband will definitely need to apply for and receive an annulment. If I am understanding the information correctly it seems he will need to apply for a "Formal Annulment" because again---he is Baptist and therefore not bound by Sacramental Form as Catholics are. Actually he will need to apply for two annulments since he was married twice.

I also note that I think after two marriages that did not work out for your husband---this is an issue both of you need to talk about and examine.  This is not to be taken lightly---two previous marriages and now he wishes to attempt a third suggests some unresolved issues that need to be dealt with lest history repeat itself.

In short: it is possible for you and your spouse to have your marriage recognized by the Catholic Church---if he applies for and receives the annulments.  I also note that application for an annulment is no guarantee of reception of one. The best thing you can do if both of you are serious about this is make an appointment with your parish priest and talk about this and get the process started.