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Question Title Posted By Question Date
Sex with former wife Thomas Wednesday, September 1, 2004

Question:

If this fellow was only divorced civilly, if he were Catholic he would still be married to his "ex-wife". Only through an annulment could the matrimonial bond be broken (let no man put asunder etc.. Therefore it would seem to me that sex with her would be licit. I'm no theologian though.

Not sure how Luthern laws would work.

Are there any priests reading that can confirm one way or the other?



Question Answered by Bro. Ignatius Mary, OLSM+


Dear Thomas:

As the questioner was Lutheran and not Catholic I answered that question accordingly since Lutherans are not bound by Catholic marriage laws and theology.

As for the same situation with a Catholic couple, I just do not know for sure. It is a highly technical issue. I know that for a marriage to be Sacramental it must also be legal with the State in most case.

Society defines fornication as sex with someone a person is not married to. I would think that if Catholics were doing this, it could cause scandal. But as the technical answer, I do not know. Although a remarriage could not happen without a Decree of Nullity, I would think that after a civil divorce conjugal rights would cease by virtue of the separation, but maybe not.

It looks like you caught me -- unable to to answer a question at all.

There is one thing for sure, St. Paul teaches that even if something is allowable doesn't make it prudent.

God Bless,
Bro. Ignatius Mary


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