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Aletta C. wrote:

Hi, guys —

I have a question. My fiancé is Catholic and I was born Catholic but never received my
First Holy Communion or Confirmation. We would like to get married.

I have been married before and it ended due to him being unfaithful. It was 8 years ago that
I was divorced. I am not in contact with him due to him hurting me and my children. I have a permanent protection order against him.

My fiancé has children as well and has never been married. We would like to get married in a Catholic setting but we are not sure if we can.

  • Can you give me any advice as to what we can do?
  • Can we get married in a Catholic Church?

Thanks and God Bless,

Aletta

  { Can we get married in the Church and is a common law marriage subject to an annulment? }

Mike replied:

Hi, Aletta —

Thanks for the question.

The first step is to make an appointment with a priest, known for his faithfulness to the Church, at a nearby Catholic parish.

You would have to petition for an annulment, but based on what you have said, that shouldn't be a problem at all. The priest can also assist you in receiving the proper sacraments of the Church.

You said:
My fiancé has children as well and never married.

  • At the time, who are the parents of the children?

If he is one of them, he may have to petition for an annulment as well. I'm not sure but I have asked a priest-friend to comment on this. Either way, he needs to maintain his obligations to his children.

I suggest both of you pray daily, especially for patience, and know you are striving to do the right thing.

Hope this helps,

Mike

Mike asked Fr. Jonathan:

Hi Fr. Jonathan,

Hope all is well.

Is a common law marriage subject to an annulment?

Mike

Fr. Jonathan replied:

This is in the realm of opinion, but hopefully it is an informed opinion.

Clearly common law Marriage does not reach the criteria of Consent for Catholics because Catholics have to follow proper form for Catholics.

Others — non-Catholics, simply have to follow proper form for them. Thus, it could be that proper form for them is a Common law Marriage and so we would recognize it.

Take it another way.

  • Two Protestants in Texas (I believe it is still in Texas — it is not still in Massachusetts) co-habitate for enough years to qualify for Common Law Marriage.

  • They separate and one of them wants to marry another person.

  • That person will find that they need a divorce from the person they co-habited with.

    The State considers them married. For us, to simply ignore that if the person now wants to a marry a Catholic, would make no sense. Thus, it most likely would not be a difficult declaration of nullity, but I think you would still have to do it.

Fr. Jonathan

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