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Felicia Nelson wrote:

Hi, guys —

I am a 31 year old female that have been dating my 40 year old fiancé for the past two to three years. He is a Baptist but married a Jehovah's Witness about five years old.

She only stayed in the marriage for six months and have been gone for five years.
They were married at the Justice of the Peace.

  • The diocese where I reside says I need an annulment.
  • What do you think?

Felicia Nelson

  { Is my diocese correct in telling me that I need an annulment given our marital backgrounds? }

Fr. Jonathan and Mike gave the following team answer:

Hi Felicia,

Fr. Jonathan sent me the following answer:

That is a perfectly valid Marriage.

It does not involve a Catholic so neither party was bound to Catholic form.

The bottom line — he needs an annulment in order to marry a Catholic.

Fr. Jonathan

You also may have the following question:

  • Why does he need an annulment if he is not Catholic?

One of our retired Apologists, Mary Ann Parks answered this question below, saying:

Your husband's prior marriage is presumed to be valid. A courthouse marriage is not valid for a Catholic, but it is valid for others so the Church needs to see if there is any reason why the marriage might not be valid. For instance:

  • the concept of marriage might be defective
  • one of them might have had a faulty intention regarding:
    • children or
    • the permanency of marriage or
  • one of them might have lacked full consent or discretion

This can be caused by pressure, fear, pregnancy, age, mental or emotional problems — or one of them might have been deceptive in a serious matter (alcoholism, prior unions, occupation, etc.)

If your husband loves you, he will want you to be at peace in your conscience and will want you to be able to receive Holy Communion.

Mary Ann

I hope this helps,

Mike

]

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