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The last ground I want to look at is what is usually called "defective convalidation." A convalidation occurs when a Catholic marries outside the Church without the required dispensation and then later has the marriage "blessed" by a priest. What happens many times is that the couple is not properly educated as to what is happening during this "blessing."
A convalidation, properly speaking, is not a "blessing." It is not a renewal of the marriage vows. It is, in actuality, the first time the couple is being married. Up to this point, they have only a civil union, which means very little to the Church. The ‘marriage' is called ‘inexistent' because it is the convalidation that actually makes the couple's relationship valid. The previous consent has no validity in the eyes of the Church. Therefore, the couple is considered to be only living together, and the Catholic spouse cannot receive the Sacraments.
At the convalidation ceremony, the couple must make a new act of the will in consenting to marriage. This means that they understand that this is the first time they are actually getting married. Unfortunately, many times this is not how the couple feels - they believe that their civil consent is effective and the convalidation ceremony is merely what they have to do so that the Catholic spouse may receive the Sacraments again. If this is true, then the persons are not giving a new consent; instead they are merely confirming the original but inefficacious consent or they are simulating consent. In either case, the consent given at the convalidation is then defective.
In some cases where the couple has been civilly married for some time but is having difficulty in their marriage, the Catholic spouse may believe that having the marriage convalidated will "magically" make the problems disappear. This superstitious belief depicts a grave misunderstanding of the power of the Sacrament. It does not make problems vanish, but it can give strength and stability to the partners who will work at making their marital relationship better.
Defective convalidation can be very difficult to prove when a person comes to our office requesting we examine their marriage for validity. This is due to the fact that most of the witnesses, and the persons themselves, normally focus on the time prior to the first consent, and not the canonical celebration of the marriage. There is usually little information given concerning the reasons for the convalidation. The Petitioner has the responsibility to demonstrate to us that the consent given at convalidation was not a true act of matrimonial consent. However, even after we explain this to them, it can be difficult for him/her to understand what we are looking at and why. One of the questions we ask is: on what day did you celebrate your anniversary - that of the original civil wedding or that of the convalidation? If the answer is the first (and it usually is), we have some knowledge that the parties did not understand their marriage did not really occur until the day of the convalidation.
The best way to avoid the problem of a possible defective convalidation is for Catholics to marry according to the form prescribed by the Church. This means that they go through the pre-marital instructions, attend the Engaged Encounter weekend, request and receive any needed permissions for a marriage of mixed Christian religions or dispensation to marry a non-baptized person, and have their vows witnessed by a Catholic priest or deacon. A dispensation to marry in another Christian church may be granted if there is a good reason - for instance, the non-Catholic spouse may have a very strong attachment to his or her own minister.
Written by Mary Tarver, JCL
Published in the Dakota Catholic Action December, 2008
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The Sacrament of Marriage is far more than just a contract with the State. The Sacrament of Matrimony in the Roman Catholic Church is a Covenant between the man, the woman, and Jesus Christ (CCC 1601). There is, as we are all aware, a separation of Church and State. Therefore, the Document of Divorce simply breaks the civil living and financial arrangements of a couple; it does not and cannot break the Covenant - the spiritual bond - that the couple made with God and the Church when they married. The Church views divorce simply as a separation from common life, not an end to the marriage. Consequently, after a divorce with the State has been granted an annulment with the Church ought to be pursued through the Tribunal office of the Diocese in which you live.
Because of the difference of how the Church and State look at marriage, a divorced person is still not free to marry again, because he or she is still married in the eyes of God. It is only prudent and right, then, that a person who is divorced not date until the person's marriage has been declared invalid (commonly called an "annulment"). We realize that this is a major stumbling block, or at least a tough issue, for many people. We would like to present three reasons why you should wait to date.
First, someone who has gone through a divorce needs some time to heal and to go through the grieving process. Many articles about dating after divorce indicate that you should take some time off between the end of a marriage and starting a new relationship. "Re-bound" relationships only complicate life further. This ‘time off' helps you to reflect on what happened in the marriage and even do counseling or join a support group if you think you need it. Journaling is a great way to process your feelings - anger, grief, despair, loneliness, etc. Focus on yourself, your children, if you have them, your family and friends who support you, and your continued Faith life to decide what you need in life, and to grow spiritually and emotionally. Civil divorce, remember, does not separate you from the Church; a divorced person can, and should, continue to receive the Sacraments, as long as that person is not in an invalid marriage or living with someone.
Second, get all the legal considerations and ramifications of the civil divorce process resolved - child custody, visitation, debt reduction, sale of property, etc. If the divorce was bitter or hostile, try to establish a better relationship with your former spouse, especially if you have children. Don't let the pain of your divorce emotionally harm your children. That goes without saying, but may take some time to achieve.
Third, call the Tribunal office about scheduling an appointment to begin the annulment process - in our diocese, your local parish priest is not directly involved in the judicial process of an annulment. It's much easier to go through the process when you're not already in a relationship. Don't wait for years or when you're dating someone; the longer you wait, the harder it will be to recall what happened in the courtship, engagement, and marriage. Plus, it's more difficult to locate witnesses if you wait for years. You may get married again; prepare for that now.
Going through the annulment can be a difficult thing to do, but it can also be very healing. Additionally, going through an annulment is also a tangible living of your Catholic Faith. Keep in contact with the Tribunal throughout the process and take advantage of the opportunities you are given to read the testimony of your witnesses (and possibly that of your former spouse) and to read the decision once it's completed. Both of these can provide you further occasions of growth. Follow through with any counseling that is required of you, which may be directed by the Tribunal.
Once you've done these things, you are in a better position to step back into the dating world. Respect your partner, and don't put him/her in a position where he/she must walk away from the relationship in order to follow the teachings of the Church. If you begin dating someone who is not Catholic, and has been divorced, remember that he/she will need to go through the annulment process as well so that you can marry in the Church. If the person is hostile to the idea of having to do this, back away from the relationship.
Most of all, remember you have chosen to follow the Catholic Faith, and we want you to continue living that Faith. You believe in the sanctity of marriage and the importance of the Sacraments. If you marry outside the Church, you have put yourself outside the Church and you will not be able to receive the Sacraments, except the Rite of Penance (Confession), since you are living in a state of sin.
It is our hope that your priest can accurately and compassionately guide you, as well as encourage you. If not, find another priest, not a different denomination. We truly believe that time to heal and grieve, the legal considerations and ramifications of the civil divorce, and the annulment process are good reasons for the ‘date' to wait.
This article was co-written by Rev. Patrick Schumacher, STL, pastor of St. Joseph's Church, Mandan, and Mary Tarver, JCL. Fr. Schumacher holds a license in moral theology; Ms. Tarver is a Judge on the Tribunal for the Diocese of Bismarck.
Published in the Dakota Catholic Action April 2009
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This is one of the first questions asked when people contact our office about starting the annulment proceedings. The process can take anywhere from 12 to 18 months. There are certain time frames that are ‘set in stone' in canon law which we must follow. Other things that can cause a delay include incorrect contact information of the former spouse, uncooperative witnesses, getting the various witness testimonies in, the schedules of the judges and Defender assigned to the case, and the number of cases at Second Instance.
1. A person contacts the Tribunal office to inquire about the process. An interview is scheduled, which is dependent on the schedules of the person and the Auditor. Normally, an appointment is made within a week of the first phone call. During the interview the Auditor explains, in detail, the process and what paperwork is required before the case can be officially stated.
2. Once all of the paperwork has been received, the file is given to one of the judges in the Tribunal to set the grounds upon which the case will be decided. This process usually is handled fairly quickly - within a week or two after the paperwork has been turned in.
3. The Respondent is then mailed (by certified mail) a packet of information explaining the process and inviting him/her to participate by offering testimony. After 30 days, either with or without a response, the case proceeds to the next step.
At this point, it's been about 6 weeks since the case was officially started.
4. The grounds for the case are definitively decided, and both parties are notified. The Respondent is given 15 days to provide his/her own witnesses. If the Respondent provides witnesses, the Petitioner is notified and is given 15 days to respond.
5. The witnesses are sent questionnaires and given 30 days to send in their answers. A reminder is sent if nothing is received after approximately 4-6 weeks. This is usually the longest part of the process, as the gathering of testimony can take several months, depending on the speed of the witnesses in returning their questionnaires.
6. Counseling records (if available) are added. The Auditor prepares excerpts from the marriage files (if available) and the divorce decree and further supports the case with practical information surrounding psychological issues if applicable. (30 days)
7. Once all the testimonies are gathered, the case is reviewed to see if any further information is required.
We are now anywhere between 2-5 months since the case was started.
8. If nothing further is needed, the parties are notified they may read the case file, and have 15 days in which to do so.
9. The case now goes to the Defender of the Bond, who writes his opinion (or ‘Brief') of why the marriage is valid. Although the Defender is given one month to review the case, there are times when it takes longer. The Defenders in our diocese are priests with large parishes, meaning that sometimes the case is ‘stalled' for longer than normal.
10. After the Defender's Brief is sent in, the Judges schedule a meeting to discuss the case and make a decision as to whether the marriage is valid or invalid. Again, most of the Judges in the diocese are priests, and so the scheduling must take place around their other commitments. Usually, however, the meeting occurs within 2-3 weeks of receipt of the Defender's Brief.
11. The decision is then written by one of the judges and reviewed by the other two. This process can take several weeks, again depending on their schedules. Once the decision is signed by all three judges, the parties are notified of the results and may come in to the office to read the decision. The time frame for this is 15 days.
It now has been 6-8 months since the start of the case, possibly longer.
12. All cases which have at least one affirmative decision (meaning the marriage was declared invalid) are automatically sent to the Court of Second Instance (the Archdiocese of St. Paul-Minneapolis). Because the Archdiocese handles cases from all 10 dioceses within Minnesota, North Dakota, and South Dakota, cases can get ‘stuck' here. The normal timeframe is 4-5 months, but may take longer.
13. If the Archdiocese agrees with our decision, a final letter is sent to both parties notifying them of the ratification. If the Archdiocese does not agree, the case must be sent on to a Court of Third Instance, which is always the Roman Rota.
14. If neither party has had a ‘restriction' placed, the case is completed.
By the time the case goes all the way through to Second Instance, the timeframe is anywhere between 12-18 months.
Naturally, we do everything we can to keep the cases moving down the ‘pipeline,' but there are several places where the process of the case is beyond our control. First, the case does not start until all the paperwork is completed. Second, delay by witnesses can cause the case to come to a complete stop. Third, the Defenders have to work around their parish commitments in order to do their work for the Court. Fourth, the case may be stalled again at Second Instance.
It is because of the uncertain time length that we tell the parties involved that they cannot set a wedding date until the process has been completed. That's also why we urge people to begin the process before they become involved in another relationship - it's hard enough to go through the process without the additional stress of dating and possibly becoming engaged, when you don't know if the prior marriage will be declared invalid or not.
Written by Mary Tarver, JCL
Published in the Dakota Catholic Action June, 2009
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A decision to marry at all, and to marry a particular person, involves a series of questions that should be answered prior to making the final decision: are we compatible?, what attracts us to the other person?, are there any circumstances surrounding the decision that make it harder or easier to decide?, what do we know about marriage itself, and about the other person?, are we free to decide, or is someone pressuring us to marry?, do we normally make decisions of this magnitude impulsively?
These questions are central to the issue of Grave Lack of Discretionary Judgment, one of the grounds that can be used to determine if a marriage was invalid from the beginning. The first thing to be examined is: what did the person know about marriage, in general? Not surprisingly, many people come from what is now commonly termed a ‘dysfunctional family.' One or both parents may have been alcoholic, verbally, physically, or emotionally abusive, and/or rigid in understanding of the roles of husband/wife and father/mother; family members may not show love or affection for each other; there may be multiple divorces in the immediate or extended family. Even such common mental health issues such as a parent's depression or anxiety can prevent a person from having a sufficient understanding of what marriage is all about.
The next item to consider is: what did the person know about the spouse before marriage? People can get so caught up in the excitement of being ‘in love' that they ignore ‘red flags' that others clearly see. But there are things that a person needs to know about a future spouse, such as: what are their parents and siblings like?, how does the person relate to his/her own family?, what do your friends and family think of the person?, how much have you talked to each other about your future goals and expectations of marriage and of each other?, are there things about the other person he/she is hiding from you - like problems with alcohol or drugs, a previous history of abuse or being abused? Obviously, we're not saying that a background check has to be run on someone you're dating (although that might be a good idea if you met through an on-line dating service!), but these are important things to know about a future spouse.
We next explore how the decision to marry this particular person was arrived at. This is called the ‘critical evaluation' in terms of marriage in general, the motives for marrying, and the reason to marry John/Jane instead of Steve/Stephanie. Did the person ask him/herself: am I ready to marry?, why do I want to get married now?, what are the good and bad points of marriage at this time in my life?, what is my understanding of marriage?, how will marriage to this person enrich my own life and how will I enrich his/her life?, do my family and friends think I'm ready to marry?
Finally, we look at the person's internal freedom to make the decision to marry. Were there any special circumstances going on in his/her life that influenced the decision or motives - such as premarital pregnancy, family disapproval of cohabitation, belief that no one else would ever love him/her, desire to marry anyone just to get away from a bad situation. Did the person have sufficient internal freedom to look objectively at the reasons for and against marriage and to control impulsive choices? If a person always made important decisions based on impulse or ‘feelings,' it's almost a sure thing that the decision to marry was also an impulse.
Naturally, we understand that a person usually decides to marry due to feelings of love. This emotion is very strong and can stop a person from making a rational decision. However, it must be clear that love itself is a choice - an act of the will. As such, it can be ‘checked' or ‘put aside' in order to see more clearly whether the assessment of a person as potential spouse was made with sufficient knowledge, deliberation, and freedom.
Marriage is a very important step for people to take. It deserves a time of rational reflection and judgment, as empty as possible from the emotions of the moment. You are, after all, pledging to ‘love, honor and cherish' another person for the rest of your life! So take some time to really look at yourself, the other person, and marriage itself to decide if this is what you desire most in life.
Written by Mary Tarver, JCL
Published in the Dakota Catholic Action November, 2008
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We get that a lot in our office: "I don't understand how the Catholic Church can say a marriage never happened." "I don't understand why an annulment is necessary." "Can't you people leave well enough alone? They're divorced, it's over and done with. Let them marry again if they want." Most people, even Catholics, don't understand how the Church can declare a marriage invalid. After all, it lasted X many years, there's children involved, it's a ploy to get more money. Questions, excuses, downright hostility, we get them all here!
The Catholic Church teaches that marriage is permanent - no one, including the State, has the power to break the marital bond between the couple. The State says that because marriage is a contract, it can be broken, simply because one or both parties want it. However, the Church takes marriage to a higher level: it is a covenant, and so it cannot be broken because it creates a bond between the parties. Think of it this way: God made a covenant with Abraham. Both of them were bound by the terms of that covenant. Abraham swore to follow His instructions, and God swore that He would multiply Abraham's descendents. Neither of them could break the covenant they made, no matter what Abraham and/or his descendents did later on (God never breaks a covenant He makes). The covenant between them is permanent. The covenant of marriage is the same way. Even if the marriage ends in divorce, that bond or connection between the couple still exists.
How can a marriage be invalid? The Church teaches that marriage, like all the other sacraments, is dependent on two things: matter and form. The ‘matter' in this case is the consent of the two parties; the ‘form' is how they get married (i.e., in front of the priest who witnesses their vows). If one or both of these is defective for some reason, then the marriage is invalid. The only way to be sure that a marriage was invalid is to examine it. We look at what happened during the courtship, engagement, wedding day, and marriage itself. Things that occurred at these different times can sometimes point to a cause of invalidity.
When we examine a particular marriage, we start with the presumption that the marriage was valid. Then we sift through the testimony of everyone who participated, and try to see if there are overwhelming reasons why the marriage would be invalid. Sometimes it's very obvious; for instance, one of the parties may have been so drunk at the wedding that there is no way he/she understood what was happening (this is just one example of a reason that a marriage could be declared invalid). Other times, it's not so clear, and we have to dig a little deeper to try to find if there was anything there. In some cases, there is no evidence at all that the marriage was invalid. If that happens, we can't continue with the process.
To answer the questions at the beginning: A declaration of invalidity does not say that the marriage never existed; it merely states that the covenant did not begin. As for children, an annulment does not mean that they are illegitimate. Legitimacy is a civil term, not a Church label. For someone who is Catholic, or who is marrying a Catholic, and who has been married previously, an annulment states that the person is free to marry in the Church. Therefore, the Catholic party is able to receive the Sacraments. The length of time that a marriage existed has no bearing on the validity of the marriage: we've done cases that lasted anywhere from less than one year to 40+ years. As for the money part - we ask the person who initiates the case to pay a very small portion of the costs of the process. The true cost, including, research, time, copying documents, salaries, etc. can be upwards of $2000. No one is ever turned away because he/she cannot contribute to the cost.
Marriage is a covenant by which the spouses make a mutual gift of the whole person to each other. It is the only sacrament in which the spouses are the minister, and because marriage of that sacramentality, the Church takes responsibility for and interest in its validity, celebration, and vitality. That's the reason for all the rules about marriage preparation, where a wedding can be held, who can witness the vows, etc. At the same time, the Church also has a responsible interest in marriages that fail, which is why there are programs such as Retrouvaille and Marriage Encounter, we'd rather have couples reconcile and live together than see them in our office.
Written by Mary Tarver, JCL
Published in the Dakota Catholic Action April, 2008
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In the next few articles I want to explore the different ‘grounds' for a declaration of invalidity (annulment). A ‘ground' is the reason why the Petitioner thinks his/her marriage was invalid from the beginning. There are only eleven reasons for an annulment in canon law. Some reasons are fairly common across the U.S., others are very rare (like ignorance or deceit).
Many people believe infidelity is a reason for an annulment - why would God want you to stay in a marriage when your partner is not faithful? However, this is not so. Infidelity is usually due to a person succumbing to temptation and then sinning. For this to be a ground for an annulment, the person would have to decide, before marriage, that he/she was not going to be faithful and then seek out and have affairs throughout the marriage. This is called ‘exclusion' - the person excluded fidelity from his/her vows when he/she made them.
There are other types of exclusion that can be grounds for annulment - children, permanence, sacramentality of the marriage, and the good of the spouse. These are called ‘partial' exclusion because not all elements of a marriage are excluded; the person wants marriage, but on his/her own terms. There is also ‘total exclusion' where the person married for a reason other than marriage itself, for instance, to get a green card or to receive an inheritance.
Exclusion is also called ‘simulation' because the person ‘simulates' his/her consent. Regardless of what it is called, it can be difficult to prove in the annulment process, especially if the person who is alleged to have simulated consent does not participate in the case. But even if there is no ‘confession' of the exclusion, it may be proved through the person's actions. To continue with our previous example, a person who is said to have excluded fidelity may have continued dating other people throughout the courtship and engagement. This behavior then continued into the marriage and, if verified, can be part of the required proofs.
Other things needed to prove exclusion or simulation are the reason why the person would marry if he/she didn't want that particular part of marriage, why the person simulated his/her consent, and why the reason to simulate was more important than the reason to marry. Another very important piece we examine is whether there was a ‘positive act of the will' in the alleged exclusion. This means the person made a choice not to include that element. This choice can be either actual - he/she was thinking about it during the wedding itself - or it can be virtual - if the person made the decision prior to consent and never changed his/her mind. The act of the will can also be explicit or implicit. ‘Explicit' means the person understands the rights and obligations of marriage, but made a direct exclusion of marriage itself or one of its essential elements. ‘Implicit' means the person has a different idea of marriage than the norm; for example, the person who believes that humans cannot be monogamous under any circumstances implicitly excludes fidelity.
In 1999, John Paul II discussed simulation with the judges of the Roman Rota (one of the highest courts in the Church). He said,
"In short, the simulation of consent, for example, means other than giving the marriage rite a merely external value, without the corresponding will for a reciprocal gift of love, of exclusive love, of indissoluble love or of fruitful love. Is it any surprise that such a marriage is doomed to failure? Once the feeling or attraction dies, it lacks any element of internal cohesion. Missing is that reciprocal commitment of self-giving which alone can guarantee its permanence."
Most of us would agree, I think, that we'd rather have a valid marriage with all its elements than one that is just an empty shell of a marriage.
Written by Mary Tarver, JCL
Published in the Dakota Catholic Action August, 2008
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As you might expect, canon law has a great deal to say about marriage. The section of the Code that contains the Church's marriage laws covers 111 canons and deals with topics as diverse as: a promise of marriage, pre-marital preparation, how, where and when Catholics can marry, and declaring a marriage invalid. Obviously, some of these topics deal only with Catholic marriages, but others contain information that pertains to all marriages, whether the parties involved are Catholic, Protestant, or non-baptized.
One of the first things that the Church teaches about every marriage is that it is an exclusive relationship between one man and one woman: this is called "the essential property of unity." There is no "wiggle room" for a man to have more than one wife at a time, or for a woman to have more than one husband at a time, and it obviously also eliminates "same-sex marriages." Unity, then, does not allow for a person to decide to marry but still carry on extra-marital affairs. At the same time, however, it also rules out an emotional tie to another person, such as the stereotypical "daddy's girl" or "mama's boy" who is still tied to the parental apron strings. To bring a third party into the exclusive relationship of marriage is to deny or compromise the unity of the marriage.
Another important aspect about all marriages is that they are indissoluble. This means they are permanent - for life. The Code says that a valid marriage between two baptized persons cannot be dissolved by any human power except death (canon 1141; note: dissolution of marriage is not the same as declaration of nullity). The Church holds that a couple's marital bond is sealed by God and does not end, even if the emotional and physical relationship has ended in civil divorce. If a marriage does fail, the annulment process examines whether or not the sacramental bond of marriage was brought into existence at the time of the wedding vows. Through a declaration of nullity (annulment), the Church still recognizes that the civil marriage existed, but states that the sacramental bond of marriage did not in fact begin.
One of the "goods" of marriage is that of fidelity. Each person has the right to expect that the other will be faithful in the marriage. This ties in with the unitive part of marriage - the spouses are to be physically and emotionally faithful; this includes such things as pornography and internet romances - even if the persons involved never meet in real life! If one spouse is unfaithful during the marriage, that does not dissolve the marriage, nor is it necessarily a ground for declaring the marriage invalid. Instead, it shows that we sin: we don't always do the right thing, especially if there was an intention at the beginning of the marriage to stay faithful.
Another "good" of marriage (although parents might not think so all the time!) is that of children. No one has the "right" to have children, but what married couples have is the right to conjugal acts that are open to the possibility of pregnancy. This means that one spouse cannot unilaterally decide not to have children, and thus deny the other person the right to have a say in the decision. Additionally, what goes along with the procreation of children is their education. Parents are to ensure, as best as they can, not only the physical survival and safety of their children, but also their social, cultural, moral and religious education (canon 1136).
The Code of Canon Law also talks about the interaction of the spouses to each other. This is called "the good of the spouses" and deals with their interpersonal relationship, or the "partnership of the whole of life." Included are communication, the spiritual, intellectual, moral and social growth of each spouse, and cooperation and agreement in decision-making, among other things that make the marriage a true partnership.
The final "good" of marriage is that of sacramentality. If two persons who are baptized marry, it automatically is a sacramental marriage - even if one or both are not Catholic and do not believe that marriage is a sacrament. If a baptized person marries someone who is not baptized, that marriage is called "a good and natural" marriage and still includes all the above things. If the non-baptized person becomes baptized at some point during the marriage, then the marriage immediately becomes sacramental.
Through catechesis and pre-marital preparation, the Church tries to educate her members to a correct understanding of marriage so that they know to what they are consenting when they say "I do."
Written y Mary Tarver, JCL
Published in the Dakota Catholic Action February, 2008
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Reception of Communion After Divorce
A Catholic who is divorced is not restricted to the ‘back pew' of the parish, simply because of the divorce. The Church recognizes that marriages fail for various reasons and does not penalize a person because of that failure. What does this mean in practice for a person who is divorced and has not remarried or is not living with someone? He/She can still receive the Sacraments of Holy Eucharist and Penance. In fact, the grace that these Sacraments provide can give some healing and wholeness to the person.
If, however, a divorced Catholic remarries outside the Church or is cohabiting with someone, that person is not in a state of grace. Thus, he/she cannot receive the Sacraments. However, a Catholic in this position is still welcome to attend Mass, without receiving Communion. If the person wishes, he/she may go up at Communion to receive a blessing - the ‘signal' for this is to cross the hands over the chest. In order to be a fully practicing Catholic, the person would need to contact his/her diocese to explore the Declaration of Invalidity (annulment) process.
Legitimacy of Children after an Annulment
Many people believe that a Declaration of Invalidity (annulment) somehow makes the children of the marriage declared invalid to be illegitimate. This is simply not so. A Declaration of Invalidity only addresses the consent of the husband and wife at the time they take their vows. If a marriage is declared invalid, it is because one or both did not understand or were not capable of carrying out the vows they took.
Legitimacy is a legal issue which indicates knowledge of a child's paternity. The Church presumes that any children born to a married woman are the children of her husband. Canon 1137 specifically states "The children conceived or born of a valid or putative [presumed] marriage are legitimate." Canon 1138, §1 states "The father is he whom a lawful marriage indicates unless clear evidence proves the contrary."
Unfortunately, when a divorce has been very contentious, and one of the spouses decides to request the Church examine the marriage for invalidity, the other parent often will tell their children that if this occurs, the children will become illegitimate. Naturally, this is extremely distressing to the children, no matter their age at the time. Parents who make statements such as this have allowed their anger at the ex-spouse to triumph over the well-being of their children.
Children born of a marriage which was subsequently declared invalid by the Catholic Church are legitimate and enjoy all the rights and privileges of the civil law. Their inherent dignity as persons is upheld by the Catholic Church.
Please contact the Office of Canonical Affairs and Tribunal if you have any questions.
Written by Mary Tarver, JCL
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The official site of the Diocese of Bismarck, North Dakota
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