The answer is:
It depends.
Here's a breakdown of the situation:
* The Catholic Church's View on Marriage: The Catholic Church views marriage as a sacrament and a lifelong commitment. It does not recognize divorce as ending a valid marriage.
* Divorce vs. Annulment:
* Divorce: A legal dissolution of marriage by a civil court. The Catholic Church does not recognize divorce as dissolving a sacramental marriage bond.
* Annulment (Declaration of Nullity): A declaration by the Catholic Church that a marriage was never valid in the first place, according to Church law. This is *not* the same as a divorce. An annulment examines whether essential elements for a valid marriage were present at the time the marriage took place (e.g., free consent, intention of permanence, openness to children, etc.).
* The Process for Catholics Who Have Been Divorced:
1. Previous Marriage of the Catholic Partner: If the Catholic partner was previously married (even if they obtained a civil divorce), the Church presumes that marriage was valid unless proven otherwise.
2. Declaration of Nullity Needed: For the Catholic partner to marry in the Church, they *must* first obtain a declaration of nullity (annulment) for their previous marriage. This involves a formal process within the Catholic Church's tribunal system. The tribunal investigates the circumstances surrounding the previous marriage to determine if grounds exist for a declaration of nullity.
3. Non-Catholic Partner's Previous Marriage: If the *non-Catholic* partner was previously married (and divorced), the Catholic Church would want to be sure that the church recognizes this as free to marry.
* If an Annulment is Granted: If the Church grants a declaration of nullity, it means the Church has determined that the previous marriage was not a valid sacramental marriage. This frees the Catholic partner to marry in the Church.
* If an Annulment is NOT Granted: If the Church does not grant a declaration of nullity, the Catholic partner is still considered married in the eyes of the Church and cannot validly marry someone else in the Church.
Therefore, in summary:
* You cannot marry your Catholic partner in the Church if either of you have been previously married, unless:
* The previous marriage of the Catholic partner has been annulled by the Catholic Church. AND
* The previous marriage of the non-Catholic partner has been investigated by the Catholic Church and the result is that the church recognizes them as free to marry.
Next Steps:
1. Talk to a Priest: The first step is to speak with a priest at your local Catholic parish. He can explain the annulment process in detail, answer your questions, and guide you on how to begin the process.
2. Gather Information: The priest will likely ask about the previous marriage (or marriages) to get a sense of whether there might be grounds for an annulment.
It is important to be honest and open with the priest and the tribunal throughout the process. The process of obtaining an annulment can be complex and time-consuming, but it is necessary if you wish to marry your Catholic partner in the Church.