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[Mar. 11th, 2010|11:53 am]
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[ktdid525]
I was asked about the churches views on annulment recently and I am kind of unsure.

When a person is ending their marriage can they get an annulment at that time or do they only get it when they are wanting to marry someone else?

Do both people in the marriage need to agree to the annulment process, what if one person isn't Catholic and does not wish to participate?
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Comments:
[User Picture]From: dushamoya
2010-03-11 06:41 pm (UTC)
I don't think you need to wait until you want to remarry.

You need both party's participation. The church needs both people's info to determine if a valid marriage took place.
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[User Picture]From: ktdid525
2010-03-11 07:05 pm (UTC)
Well they got married in the church and have both of the peoples info. However one participant (who is not a member of the church) doesn't want the other to have an annulment.
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[User Picture]From: dushamoya
2010-03-11 07:37 pm (UTC)
Then I think they are out of luck :(
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[User Picture]From: littleflower518
2010-03-11 07:43 pm (UTC)
That is not true....my husband is in the process of having his first marriage annulled and his first wife was *trying* to make things difficult and she was told that he basically does not need her *permission* to go forward.
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[User Picture]From: dushamoya
2010-03-11 08:12 pm (UTC)
From everything I have heard and understood, not having both people's permission makes things very, very difficult. I would consult the bishop for clarification.
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[User Picture]From: dustthouart
2010-03-11 08:40 pm (UTC)
It does make it more difficult, in the same way that, for example, suing someone because they're holding you to an invalid contract is more difficult than having both parties mutually agree that the contract was invalid.

The more difficult situation, and I know a case like this in my personal life, is if one half of the new couple refuses to even attempt to annul the previous marriage (in the case I know, because of the man's antipathy to the Church). The other party's only choice in that case is either to leave, or to stay and be in a state of mortal sin, not to put too fine a point on it.

The woman won't give him up, so even though she attends Mass she hasn't taken Communion for decades. It's very sad.

Edited at 2010-03-11 08:44 pm (UTC)
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[User Picture]From: ktdid525
2010-03-11 09:45 pm (UTC)
Well the people looking into this aren't even divorced yet. They would like to get an annulment rather than a divorce both legally and in the eyes of the church.

I am pretty sure they have grounds for an annulment, but one of the participants isn't a member of the church and is now fighting basically anything the other wants including this.
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[User Picture]From: dustthouart
2010-03-11 10:02 pm (UTC)
A legal annulment is almost impossible if the two of them have lived together for any length of time. AFAIK nowadays legal annulments are only granted for things like fraud, or cases like Britney Spears where you go for the annulment within a day or so.
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[User Picture]From: ktdid525
2010-03-11 10:04 pm (UTC)
I think one of them is on abondonment which is what they would get, or maybe that falls under fraud Im not sure.
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[User Picture]From: littleflower518
2010-03-11 10:52 pm (UTC)
That's true....we are going on 22 months at this point and were told we should hear almost any day now!
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[User Picture]From: schneckerock
2010-03-11 09:23 pm (UTC)
not only can you do it right away, but you should. firstly because not everyone has grounds for an annulment, and you should know whether or not you do before starting a new relationship and then finding out you're still validly married in the eyes of God until you die. but also because the process can be lengthy, and can interfere with trying to pin down a wedding date, and, depending on the couple, could be an occasion of temptation to impurity if the couple has to postpone marriage long enough that they end up unchaste.
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[User Picture]From: schneckerock
2010-03-11 09:23 pm (UTC)
I should add, my aunt got hers several years before she met her second husband.
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[User Picture]From: ktdid525
2010-03-11 09:44 pm (UTC)
Well the people looking into this aren't even divorced yet. They would like to get an annulment rather than a divorce both legally and in the eyes of the church.

I am pretty sure they have grounds for an annulment, but one of the participants isn't a member of the church and is now fighting basically anything the other wants including this.
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[User Picture]From: schneckerock
2010-03-11 10:09 pm (UTC)
I don't honestly know the difference between a legal annulment v. divorce, but I'm pretty sure you'd have to have one or the other before getting a church annulment.

and I know it's possible to get an annulment without the spouse's cooperation, since it happened to parents of one of my dad's friends.. that was a big mess (there ween't really grounds there and the dad ended up leaving the church after his wife was granted the annulment) but it happened nonetheless.
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[User Picture]From: ktdid525
2010-03-11 10:11 pm (UTC)
Yes I believe that is true, but they were wanting to get them all done around the same time. I don't know if them getting a legal annulment would make it easier to get a church annulment or not.
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[User Picture]From: pers
2010-04-14 07:25 pm (UTC)
A little late but yes, it probably would.

One thing to note though is that the legal divorce or legal annulment must be completed before the Church annulment process can begin. One cannot apply for a Church annulment until the legal marriage is over.
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