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This room is for supportive and informative discussion about divorce and/or the annulment process. All posters must have been previously divorced or annulled.

Saint Eugene De Mazenod is patron of dysfunctional families & Saint Fabiola obtained a divorce from her first husband prior to devoting her life to charitable works.
Learn More: Saint Eugene De Mazenod and Saint Fabiola

Does anyone have any experience with this? This is what I've found so far.

Q. 9) What about the case of a Catholic who had a previous marriage but not in the church?

Such an attempted marriage is not seen as a true marriage in the eyes of the church. Catholics are expected to be married according to the rules of the church. This is called a Lack of Form case. The marriage lacked the Catholic form of marriage. If a Catholic was in a previous marriage, but not in the church and now wants to remarry in the church, he/she must petition our marriage tribunal for a Lack of Form case. This involves obtaining an updated baptism certificate, a legally certified copy of one's marriage and divorce papers. Then, the petitioner fills out a one-page questionnaire. The parish mails the forms and documents to the Marriage Tribunal and the Lack of Form case is automatically granted about one month later. (www.ascensioncatholic.net)

Any comments on that first sentence? "Such an attempted marriage is not seen as a true marriage in the eyes of the church. " I'd love to find more credible evidence that this is correct.

Sep 30 new
Here is some additional information.

(a) The requirement for canonical form applies only to those who are Catholic at the time the marriage (or attempted marriage) is celebrated. If both souses are non-Catholic there is no requirement for canonical form and thus no option for a lack of form annulment: if they divorce and wish to remarry in the Church while the other spouse is alive, a full annulment process is required.

(b) If a Catholic wants to get married outside the Church, they may request a dispensation from their (arch)bishop to do so. If the dispensation is granted and they later divorce then a lack of form petition i not possible and a full annulment process is required.

One of our Mods, Jerry, gave me this and said if anyone has any questions they'd like him to answer about it, to send him a message, since he can't reply in this particular forum.
Sep 30 new
(quote) Mary-976718 said: Does anyone have any experience with this? This is what I've found so far.

Q. 9) What about the case of a Catholic who had a previous marriage but not in the church?

Such an attempted marriage is not seen as a true marriage in the eyes of the church. Catholics are expected to be married according to the rules of the church. This is called a Lack of Form case. The marriage lacked the Catholic form of marriage. If a Catholic was in a previous marriage, but not in the church and now wants to remarry in the church, he/she must petition our marriage tribunal for a Lack of Form case. This involves obtaining an updated baptism certificate, a legally certified copy of one's marriage and divorce papers. Then, the petitioner fills out a one-page questionnaire. The parish mails the forms and documents to the Marriage Tribunal and the Lack of Form case is automatically granted about one month later. (http://www.ascensioncatholic.net/TOPICS/family/marriage/AnnulmentQnA.html)

Any comments on that first sentence? "Such an attempted marriage is not seen as a true marriage in the eyes of the church. " I'd love to find more credible evidence that this is correct.

I was Catholic at the time of my "legal joining." It was a civil ceremony, he was Catholic too and had been married before in the Catholic Church. It was a huge mistake, and I got out fast. I went to my priest two years later and filled out the paperwork, provided my documentation and 3 weeks later received my official non-recognition of my marriage. How is that different from a decree of nullity I'm not sure. The simple fact is this; it was not a valid Catholic marriage due to the two grounds (civil marriage and he had a valid Catholic marriage to his first wife). WE WERE NEVER MARRIED!

It was not necessary for me to wait for a tribunal to tell me my marriage was not valid and that I should wait for the decree. I do not presume things above me or outside of my intelligence level, however things that are within my knowledge and wisdom are certainly within my realm to use to make decisions whether to date or not.

Sometimes people strain a gnat and swallow the camel.
Sep 30 new
And for those who want to pounce for committing a mortal sin by marrying him in the first place . . . . I went to confession!
Sep 30 new
Hi Mary,
Funny you should bring up this topic, as I just delivered the paperwork for a lack of form annulment to my diocese office about 30 minutes ago. In my case, I was married by a Protestant minister (wife was Protestant), however I had not gotten permission ahead of time to marry outside of the Church. The documents I had to provide included: proof of baptism, copy of marriage certificate, divorce decree, and a 3 page questionnaire. The Priest at the diocese office said my case was straightforward and would take about two weeks.
Sep 30 new
I was Catholic and my wife was not. We were married in a civil ceremony. I filled out the paper work and received final annulment in 10 days or so. I believe if you were married by any Christian demonination the Lack of Form does not apply. Must be a civil marriage.
Sep 30 new
Me too, Joanna. Probably the only good thing that came out of my divorce was that it brought me back to the Church in a much more real way, including the Sacrament of Reconciliation
Sep 30 new
In my case, I was married outside of the church without the church's permission. My husband at the time was not practicing any religion. My priest told me this was cut and dry. After 3 months passed and no word came back my patience was wearing a little thin, not to mention my nerves. I asked him and.. well.. bless his heart.. he would be the first to admit that he is a very unorganized person. I'm not really sure how long he had my papers before he actually turned them in.

Once I pressed the issue with him, he went the next day to the office and inquired about it. He returned with a slightly different, possibly updated version of the same "Lack of Form" petition for to fill out. He said I should hear from them very soon. I understand the office is backlogged but I am still looking forward to having this resolved in a couple of weeks.

My case was a little different so it had me worried. I don't mind sharing as this might help someone else. My husband and I were married by a Methodist preacher. I attended mass every weekend but, of course, could not received the sacraments. After our first son was born I asked for him to be baptized. The priest refused because I was not in good standing with the church. He said he would not baptize my children or allow them to receive any sacraments until I had my marriage blessed. Honestly, at the time I knew it was wrong to not have our marriage blessed but I was not in a good state of mind and really did not want to be tied to this man any more than I was already. However, I did what I had to do in order to have my children receive the sacraments, I had our marriage blessed.

I thought that because I had my marriage blessed, the "Lack of Form" would not apply. However, it still does. So that is a huge relief. This is still considered an administrative error for whatever reason. I don't have to understand it, just glad it won't be a problem.
Sep 30 new
(quote) John-559440 said: I was Catholic and my wife was not. We were married in a civil ceremony. I filled out the paper work and received final annulment in 10 days or so. I believe if you were married by any Christian demonination the Lack of Form does not apply. Must be a civil marriage.
John, I was married by a Protestant minister and this is the kind of annulment I got. I was considered Catholic at the time too, but not practicing. Mine took a few weeks too.
Oct 01 new
(quote) John-559440 said: I was Catholic and my wife was not. We were married in a civil ceremony. I filled out the paper work and received final annulment in 10 days or so. I believe if you were married by any Christian demonination the Lack of Form does not apply. Must be a civil marriage.
My ex-husband was Catholic, I was not. We were married in a civil ceremony and our marriage was blessed by a non-denominational Christian priest in a non-denominational Christian church two month later. The Tribunal issued a declaration of nullity on the basis of Lack of Substantial Form.
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