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Andrew G. wrote:

Hi, guys —

I have tried to get answers but my situation is different from all others.

I was married to a woman twelve years ago when I was Jewish and she was a non-practicing Christian. We got married by a town clerk.

I found out that she had committed a felony and she was incarcerated. Since then, we have had a child together. I tried to make the marriage work when she returned but it was terrible and she demanded a divorce. I agreed as long as I got custody of our son.

Three years ago, I found Christ and I enrolled in the RCIA Program. After a year of Bible study, I was baptized and welcomed into the Catholic Community.

I have been attending Mass weekly, but now I am concerned that I shouldn't have been receiving Holy Communion.

  • Do I need an annulment?
  • Does my Baptism eleven years after my former marriage put me in a state of grace?
  • Can I date a Catholic girl (as I am currently doing)?

Please help me as this is weighing heavily on my mind.

Thank you,

Andrew

  { Do I need an annulment and does my Baptism after my prior marriage put me in a state of grace? }

Mary Ann replied:

Andrew,

The good news is that your parish priest will be able to give you simple answers. There are many variables here. Your marriage form (town clerk) is considered by the Church to be a valid, non-sacramental marriage, as long as there were not other impediments to a valid marriage (such as mental illness, serious emotional immaturity, prior marriages on either part, etc.).

One impediment could be that you did not know she was a felon — deception about an important thing is grounds for nullity. However, if the felony was after the marriage, not a secret from before, then it would not affect the validity.

Welcome to the faith! I am so happy for you! Regardless of your marriage status, you may receive Holy Communion. You are only barred from Communion if you are living in sin, i.e. living with someone whose not your wife or otherwise in a state of serious sin. Your Baptism removed all sin from you however, it is necessary to go to Confession for any serious sins committed since Baptism, and it is helpful to confess less serious sins, because Christ meets us and gives us healing grace in the sacrament.

Now, to the root question:

You should seek to get your marriage examined to see if it was null and void from the beginning. If it was, you are free to marry. Even if the Church sees that your marriage was valid, there is something called the Pauline Privilege.

It comes from St. Paul's first letter to the Corinthians. By the Pauline Privilege is meant that the Church can dissolve a natural marriage bond (a valid but non-sacramental bond) and allow the baptized Catholic party to re-marry, if the prior (unbaptized) party left, deserted, or refuses to live peacefully. Your situation would seem to fit that description.

So, the important thing is to bring the original situation to your pastor and ask him to start the steps necessary to either grant the Pauline Privilege or investigate the validity of the marriage.

It would be best to do this before your dating is so far along that you are considering marriage.

Best wishes,

Mary Ann

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