Does my situation qualify as fraud for an annulment?

[Zigner]

I admitted this a long time ago. Is it hurting you that I still seek information? When someone tells you a fact, do you immediately believe it or do you look to validate it further?

You keep giving what-ifs and how-abouts. Did you have a NEW question (ie: one that does not involve the process of having a marriage annulled)?

 

[LdiJ]

I think I will ask a "novel" question of the OP...

Why do you think that an annulment is better for you? What do you think that an annulment will give you that a divorce doesn't?

 

[barnabybquentin]

Fine. My wife would prefer an annulment for religious reasons. There are ways around this of course, but this is the simplest.

I do not care if it is an annulment or divorce. I am trying to help her with her own situation since we are still friendly.

I really do not know what a religious annulment entails, but she requested this so I am pursuing it.

In the Catholic church, concealing the truth about desire to have children is grounds for an annulment. Obviously church =/= state, but that is all the information that I have

 

[Zigner]

I think I will ask a "novel" question of the OP...

Why do you think that an annulment is better for you? What do you think that an annulment will give you that a divorce doesn't?

He already told us. He's askeered of the D word.

ETA: Remember this little gem?:

Also yes, we know that a divorce would be easier and have already stated that we will do so as a last resort. Divorce is still a scary word.

 

[LdiJ]

Fine. My wife would prefer an annulment for religious reasons. There are ways around this of course, but this is the simplest.

I do not care if it is an annulment or divorce. I am trying to help her with her own situation since we are still friendly.

I really do not know what a religious annulment entails, but she requested this so I am pursuing it.

Just file for divorce and get it over with. She can file for a religious annulment on her own and you can cooperate with that if you like. A religious annulment has absolutely nothing to do with a secular divorce.

 

[barnabybquentin]

Just file for divorce and get it over with. She can file for a religious annulment on her own and you can cooperate with that if you like. A religious annulment has absolutely nothing to do with a secular divorce.

That is the kind of information that I'm looking for, thank you

 

[LdiJ]

That is the kind of information that I'm looking for, thank you

You would have gotten that information on page one if you had explained yourself fully on your first post.

 

[thedoctorisin]

That is the kind of information that I'm looking for, thank you

If you want religious advice:

The Catholic Church does not care if a civil annulment or a civil divorce is obtained; neither is recognized as having the authority to undo a marriage. Either way, your wife will have to go through exactly the same process to obtain a Catholic annulment.

If your wife is Catholic and you weren't married in the Catholic Church, then she has trivial grounds for Catholic annulment.

Your situation does not constitute fraud (canon 1098) or error (canon 1097 §2) in terms of getting a Catholic annulment. Most Catholic annulments are granted for "grave lack of due discretion" (canon 1095 §2), and that is probably what will happen in your case as well. Your wife's attitude would also qualify for a Catholic annulment for "positive exclusion of the good of children" (canon 1101 §2). However, if a Catholic annulment were to be granted on the latter grounds, then it is likely that your wife would also receive a "monitum" or a "vetitum" which would restrict her getting remarried until she changes her attitude about children.

For further reading, see Catholic Update October©2002-10 Questions About Annulment by Father Joseph M. Champlin

 

[mistoffolees]

If you want religious advice:

The Catholic Church does not care if a civil annulment or a civil divorce is obtained; neither is recognized as having the authority to undo a marriage. Either way, your wife will have to go through exactly the same process to obtain a Catholic annulment.

If your wife is Catholic and you weren't married in the Catholic Church, then she has trivial grounds for Catholic annulment.

Your situation does not constitute fraud (canon 1098) or error (canon 1097 §2) in terms of getting a Catholic annulment. Most Catholic annulments are granted for "grave lack of due discretion" (canon 1095 §2), and that is probably what will happen in your case as well. Your wife's attitude would also qualify for a Catholic annulment for "positive exclusion of the good of children" (canon 1101 §2). However, if a Catholic annulment were to be granted on the latter grounds, then it is likely that your wife would also receive a "monitum" or a "vetitum" which would restrict her getting remarried until she changes her attitude about children.

For further reading, see Catholic Update October©2002-10 Questions About Annulment by Father Joseph M. Champlin

That is all technically true. However, in practice, one can get an annulment in the Catholic church for any reason or no reason. Since they don't allow divorce and since they are at least wise enough to realize that not everyone can stay together, they grant annulments to almost anyone who wants them. All she has to do is go to her parish priest and ask to start the process.

But none of that has anything to do with the legal purpose of this board - where there's no reason for an annulment in this situation.

 

[Zigner]

That is all technically true. However, in practice, one can get an annulment in the Catholic church for any reason or no reason. Since they don't allow divorce and since they are at least wise enough to realize that not everyone can stay together, they grant annulments to almost anyone who wants them. All she has to do is go to her parish priest and ask to start the process.

But none of that has anything to do with the legal purpose of this board - where there's no reason for an annulment in this situation.

You forgot to mention another important part. You will have to PAY (donate?) for the privilege of getting an annulment.

 

[mistoffolees]

You forgot to mention another important part. You will have to PAY (donate?) for the privilege of getting an annulment.

True, but they're fairly flexible. If you really can't afford it, you can make it a very modest amount.

 

[Rushia]

True, but they're fairly flexible. If you really can't afford it, you can make it a very modest amount.

When I decided to go back to the Catholic faith, I had to get my first marriage annulled over the fact that we had never had the union blessed by the church. It cost me a whopping 50.00 and only took about a month (maybe 6 weeks?) to get the annulment granted. This was about 18 months ago.

 

[mistoffolees]

When I decided to go back to the Catholic faith, I had to get my first marriage annulled over the fact that we had never had the union blessed by the church. It cost me a whopping 50.00 and only took about a month (maybe 6 weeks?) to get the annulment granted. This was about 18 months ago.

That was about what my ex-wife's annulment cost.

I'm Catholic, but it's really a rather ridiculous semantic game. You can't get a divorce, but we'll give you an annulment on request with almost no restrictions. You lived together as man and wife for 20 years, but we're going to act like the marriage never existed - and the kids are still legitimate.

Of course, that's not a legal matter, so I guess it's OT.

 

[seniorjudge]

Fine. My wife would prefer an annulment for religious reasons. There are ways around this of course, but this is the simplest.

I do not care if it is an annulment or divorce. I am trying to help her with her own situation since we are still friendly.

I really do not know what a religious annulment entails, but she requested this so I am pursuing it.

In the Catholic church, concealing the truth about desire to have children is grounds for an annulment. Obviously church =/= state, but that is all the information that I have

This is a canon law question; not a civil law question.

 

[mommyof4]

These past few posts may not be legal advice, but I am certainly learning some things. (I was raised Southern Baptist). I always find different practices and beliefs interesting.