Here more elabotation to my situation...

My Fiance was previously married at 18(yrs old). He was baptized as a baby and catholic. He married a nonbeliever, non baptized, non catholic (at the time) girl. They married thru court, NOT thru church. Marriage didn't even last a full year. It lasted a few months. They were too young and he just married her b/c they had an unexpected pregnancy. He was pressured by her family to get married b/c of the baby. A few months later, they realized it was a mistake and divorced. She didn't even agree with my fiance to baptized their baby. Baby is now 8 yrs old and STILL not baptized.

This was 8 yrs ago. Now we want to marry thru the church. My question is CAN WE? I am baptized and catholic. Can we marry thru my church? We have been attending my church for 4 yrs now and want to start planning our wedding. One problem is that he told ex wife about a possible anullment. First of all, she is very uncooperative. She harrasses him, takes him to court for every little thing and she hates me. I am terrified that when she is contacted with anullment papers, she will appeal and answer the questions false just to despite us.

Can she prevent an anullment? She now tells us that she is becoming catholic and will soon be baptized. Will this make things harder for us to get an anullment? What's the difference is she was or was NOT baptized at the time of their marriage? Is their marriage even vaild since she was not catholic at the time and since it was thru the Justice of Peace and not a church?

His reasons for anullment are...

2. Grave Lack of Discretionary Judgment Concerning Essential Marital Rights and Duties [1095,2°] You or your spouse was affected by some serious circumstances or factors that made you unable to judge or evaluate either the decision to marry or the ability to create a true marital relationship.

11. Total Willful Exclusion of Marriage [1101 §2] You or your spouse did not intend to contract marriage as marriage is understood by the law of the Church. Rather, the ceremony was observed solely as a means of obtaining something other than marriage itself; e.g., to obtain legal status in the country or to legitimize a child.

18. Force [1103] You or your spouse married because of an external physical or moral force which you could not resist.

Are these reason legit?

What questions will the church ask her about this anullment?

Any advice is appreciated. Please let us know our rights.

God Bless

-- Laura (laura.rocha@amd.com), July 31, 2002

Answers

Response to Want to marry thru a church...need advise ASAP (rev)

Laura,

You write:

"He was pressured by her family to get married b/c of the baby."

My opinions...

This external pressure may be considered proof that your friend did not marry out of free will.

Regarding your concerns about this woman giving false testamony, you may want to speak with your pastor about this. I think it is a basic right for her to have a voice in the process, considering it is her marriage that is being reviewed.

I would imagine that his family will be asked to give some testamony.

You are in my prayers,

Mateo

-- (MattElFeo@netscape.net), July 31, 2002.