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Question Title Posted By Question Date
Abusive marriage Yvonne Sunday, February 12, 2012

Question:

Can a marriage be anulled if one of the spouses is verbally and mentally abusive, especially if its affecting the other spouse's mental and physical health?



Question Answered by Bro. Ignatius Mary, OMSM(r), L.Th., D.D.

Dear Yvonne:

I am sorry to hear that there is verbal and mental abuse. In such situations the spouse who is a victim may separate from their abusing spouse. The bishop can allow a civil divorce to protect the rights of the victim spouse in terms of child support, assets, and custody of children, etc. This is a civil divorce only. The spouses remain married in the eyes of God and His Church even though a civil divorce as been secured.

As to a declaration of Nullity, the Church examines the couple at the time of the marriage to see if the marriage was Sacramental. If the marriage was Sacramental, then no annulment is possible. If the conditions of the spouses at the time of the wedding have some impediment to a valid marriage, such as immaturilty, then an annulment is possible.

If there is mental cruelty going on, there is a good chance that the marriage was never Sacramental.

What needs to be done is to separate from the abusing spouse for one's own protection. If all efforts to save the marriage fail, then seek a civil divorce. After the civil divorce is finalized, then the person may petition the Church for an annulment.

We will pray that the marriage may be saved. If not, then the options explained above may be done.

God Bless,
Bro. Ignatius Mary


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