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Regarding Canon Law.......? Ohio. Do you answers questions…

Regarding Canon Law.......? Lawyer's...

Regarding Canon Law.......?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Ohio

Lawyer's Assistant: What steps have been taken so far?

Do you answers questions regarding Canon Law?

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Regarding Annulment

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3/25/2018
Josie-Mod
Josie-Mod, Moderator
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Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
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Customer reply replied 1 month ago
I am waiting to ask a lawyer with knowledge of Canon Law regarding why would there be a need for having a three judge panel in an annulment case?
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,317
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This is an appeal, or second instance appeal of nullity of marriage?

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Customer reply replied 1 month ago
This is not an appeal. This is a process that has been going on for two years (within the Diocese’s Tribunal).
I was told by the judge over the case that the issue is with “consent.” Let me summarize the case:
I have had one civil marriage which ended after long and drawn out civil divorce proceedings (taking about 3 1/2 years to get a decree due to a battle over property and finances).
Her second husband died before our divorce was finalized.
Up until four days before signing the marriage certificate at the County Clerk’s office, she was still civilly married to her 2nd husband (I was her third), although I didn’t know that at the time.I petitioned for a nullity of marriage because, per Canon Law, my marriage bond to her was invalid since she had a valid marriage bond with her second husband IN THE BEGINNING (when we obtained a marriage certificate and had a wedding ceremony).The judge of The Tribunal raises the question if the “invalid bond became valid after the death of her second husband. The concern is if she and I attempted reconciliation (consented) to marriage between the time of her second husband’s death and the divorce decree. She and I both wrote to the Tribunal that there was no attempt to reconcile (consent).
Nevertheless, this case continues after two years. Within the last two weeks, I received notice the judge has requested a three judge panel for the case. What does this mean?(Also, we are non-baptized.)
Customer reply replied 1 month ago
I am waiting.

Thank you for your reply.

If the judge hearing the case would believe that he has a certification for clarification of the law, then he would have the right to refer that issue of the prior invalid marriage becoming valid to a tribunal to rule on that issue. Legally, in the civil world, the marriage is not valid if there was a legal impediment to marriage at the time you entered into the marriage, even if you remained together after the death of the other husband. The Canon law has a big impediment to marriage, which is if a party has been married, and that marriage has not been declared null -- commonly referred to as an “annulment” -- by the Church, she was not free to marry. That marital bond, if deemed valid, and not able to be declared null, prevents any new marriage from occurring, since no new marriage occurred a the time it was performed, merely living together is not going to cure that.

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Law Educator, Esq.
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Customer reply replied 1 month ago
I have another question regarding the lawyers response. Can I pay for a follow-up question?
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