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Hi Patty,
The answer to your question is Yes.
First of all sex outside of marriage is always objectively
wrong and is always a grave matter, which
is essential for a sin to be a mortal sin. If you are
consenting to this affair of your own free will, and
have full knowledge that it is a grave matter,
which you do now, it
is a mortal sin.
It sounds like you and your brother-in-law simply
got divorces. If those marriages weren't both annulled,
you are still both married in the eyes of God
and the Church so you are not only fornicating but
committing adultery.
It is good that your repented of what you knew to
be sin but when one repents they have an obligation
to avoid the occasion of further sin. They also have
to strive to make a firm purpose of amendment in
their heart to stop sinning.
I can't judge the condition of your heart or soul
but, objectively speaking, you are continuing,
at the very least, the sin of fornication
(sex outside marriage).
You should immediately repent of this. If you love
your ex brother-in-law, then you'll do it for his
sake as well. The next step, after that, is to live
a celibate life unless your previous marriage can
be annulled. Of course, if your marriage is annulled,
you are free to pursue a relationship that could
lead to marriage but until such time as you can, and
do, remarry, you are called to celibacy and chastity.
John
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