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Annulment or not?
Question from Anonymous on 11/1/2011:

A friend of mine is in the midst of a divorce and she's curious as to whether or not she may have grounds for an annulment.

I hope I have all the details straight by my friend [Jennifer, let us say] was baptized Catholic but did not receive the Sacrament of Confirmation. Jennifer had her first of two children out of wedlock and local parish priest refused to baptize the baby. As such, Jennifer had the baby baptized in the local Episcopalian church. Fast forward a few years and she received her confirmation in the Episcopalian church and her soon-to-be husband was baptized as an adult, for the first time it seems, as an Episcopalian and also confirmed as such. Their next baby was likewise baptized as an Episcopalian.

The children were later taken to the original Catholic parish and raised as such, going through CCD, etc. The oldest is now a year away from receiving the Sacrament of Confirmation.

Unfortunately, do to an allegedly adulterous situation on the husband's side the couple have seperated. Jennifer is wondering if she may have a remote chance at an annulment based upon the aforementioned. She figures it isn't likely but would like to investigate the process.

Based upon the above, would you have any insight as to the likelihood of obtaining an annulment if the civil divorce proceeds and attempts at reconciliation fail?

Thank you

Answer by Robert J. Flummerfelt, J.C.L. on 11/25/2011:

Hi Anonymous,

Thanks for your question. These matters that you presented could, in a tangential way be evidence for an annulment case, but more information needs to be generated to make any determination. The timeframe before the Catholic wedding ceremony (if one or both parties are Catholic) is crucial and the mindset, intentions and/or understandings of the parties are what tribunals usually evaluate to determine whether the marriage is valid or invalid.

Sorry - from this info, there is just nothing here which would induce me (if I was a judge on a case) to believe that the union was invalid. That does not mean that it was not an invalid union, just that the info. here is not probative. There are so many more questions that need to be asked to ascertain whether the marriage was valid or not.

Peace and blessings, Bob

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