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Question Title	Posted By	Question Date
a clarification on divorce	Jim	Friday, June 5, 2009
Question: Dear Brother I've read many posts you've answered on divorce, but haven't quite found an answer to a curious question I have, so I hope it isn't something you've answered numerous times before. Sorry if it is. If two non baptized people are married through a civil marriage and get divorced, would a baptized Catholic be free to marry one of these people, or is an annulment still in order? What I'm presuming is that their marriage wouldn't have been valid in the eyes of the God. And, I read on one of your posts in an answer to a different question from someone named ARN, who is a Catholic and he and his wife just started a getting a divorce, but he wanted to know about applying for an annulment. This was part of your answer; " The annulment process cannot be started, however, until the divorce is final." This I was surprised to read because I thought The Church doesn't believe in divorce. I would just expect the annulment process to start, instead of having a divorce at all. Thank you for your patience with us, the uneducated Catholics. : ) Jim
Question Answered by Bro. Ignatius Mary, OLSM Dear Jim: As I understand it, the answer is yes. The marriage of the unbaptized person was never sacramental. So as long as there was a civil divorce, a Catholic may marry this person, though not advisable. The usual conditions apply of the Catholic party promising that nothing will impair the ability to practice the faith, and that the children will be raised Catholic. As for the second question about needing a divorce before petition for nullity is filed, a decree of nullity cannot be issued if there is still a legal contract of marriage between the couple. The person must be legally free either through a civil annulment or divorce. As long as the civil marriage exists it is presumed that it is Sacramental between two baptized persons. Investigating evidence to the contrary can only be done after the couple's relationship is over and no legal bond exists anymore. God Bless, Bro. Ignatius Mary Footer Notes: This forum is for general questions on the faith. See specific Topic Forums below: Spiritual Warfare, demons, the occult go to our Spiritul Warfare Q&S Forum. Liturgy Questions go to our Liturgy and Liturgical Law Q&A Forum Liturgy of the Hours (Divine Office) Questions go to our Divine Office Q&A Forum Defenfing the Faith Questions go to our Defending the Faith Q&A Forum Church History Questions go to our Church History Q&A Forum

Question Title

Posted By

Question Date

a clarification on divorce

Jim

Friday, June 5, 2009

Question:

Dear Brother

I've read many posts you've answered on divorce, but haven't quite found an answer to a curious question I have, so I hope it isn't something you've answered numerous times before. Sorry if it is.

If two non baptized people are married through a civil marriage and get divorced, would a baptized Catholic be free to marry one of these people, or is an annulment still in order?
What I'm presuming is that their marriage wouldn't have been valid in the eyes of the God.

And, I read on one of your posts in an answer to a different question from someone named ARN, who is a Catholic and he and his wife just started a getting a divorce, but he wanted to know about applying for an annulment. This was part of your answer;
" The annulment process cannot be started, however, until the divorce is final."

This I was surprised to read because I thought The Church doesn't believe in divorce. I would just expect the annulment process to start, instead of having a divorce at all.

Thank you for your patience with us, the uneducated Catholics. : )

Jim

Question Answered by Bro. Ignatius Mary, OLSM

Dear Jim:

As I understand it, the answer is yes. The marriage of the unbaptized person was never sacramental. So as long as there was a civil divorce, a Catholic may marry this person, though not advisable. The usual conditions apply of the Catholic party promising that nothing will impair the ability to practice the faith, and that the children will be raised Catholic.

As for the second question about needing a divorce before petition for nullity is filed, a decree of nullity cannot be issued if there is still a legal contract of marriage between the couple. The person must be legally free either through a civil annulment or divorce. As long as the civil marriage exists it is presumed that it is Sacramental between two baptized persons. Investigating evidence to the contrary can only be done after the couple's relationship is over and no legal bond exists anymore.

God Bless,
Bro. Ignatius Mary

Footer Notes: This forum is for general questions on the faith. See specific Topic Forums below:
Spiritual Warfare, demons, the occult go to our Spiritul Warfare Q&S Forum.
Liturgy Questions go to our Liturgy and Liturgical Law Q&A Forum
Liturgy of the Hours (Divine Office) Questions go to our Divine Office Q&A Forum
Defenfing the Faith Questions go to our Defending the Faith Q&A Forum
Church History Questions go to our Church History Q&A Forum