Showing posts with label declaration of nullity. Show all posts
Showing posts with label declaration of nullity. Show all posts

30 December 2019

On Formerly-Married and Consecrated Hermits

[[ hi Sister Laurel, I was just wondering about something. You have written it is not possible for married persons to become hermits. I looked that up this morning. But how about a person who has been married and gotten divorced? Can they become a consecrated Catholic hermit? If so is this usual? What happens with their children if there are any?]]

 Thanks for your questions. Yes, it is entirely possible for a person who was married and divorced to become a hermit. There are two provisos: 1) their children must be grown and no longer need them in any substantial way (they, of course, always will need (and should have) their parent's love!), and 2) if the spouse is still alive the Church must have granted a declaration of nullity.** (Please note: I have been told that a dispensation may also be granted as is sometimes done when one wants to enter cenobitical religious life after divorce. This is exceptional and I admit it makes little sense to me because it is an exception not granted for remarriage. If a dispensation is to be granted, there must be no chance that the person's spouse will exercise or demand marital rights.) In any case, to make public profession under canon 603 or as part of a canonical community of hermits, a person must be free of life bonds in order to make her profession (another life bond). Marriage is a life bond and in the eyes of the Church civil divorce by itself does not and cannot end this bond --- although the death of the spouse will do so.

The principle is simple, if we give ourselves entirely (and exclusively) to another in marriage and give ourselves to God through this marriage, we are not free to then give ourselves exclusively to God in religious/eremitical profession. The reverse is equally true: if someone is professed (meaning publicly vowed and given entirely and exclusively to God in this way) they cannot give themselves to another in marriage; they are simply not free to do so until and unless the vows are dispensed or expire, in the case of temporary professions. Until and unless a decree of nullity is granted (and the marriage bond declared void, null, or never to have truly occurred) or a dispensation is secured, the person is simply not free to make profession or be consecrated as either a diocesan (solitary) or religious (community) hermit. In religious life one must demonstrate one is free of other life commitments before one is even allowed to enter the community, much less to make even temporary vows/profession. Though c 603 has no equivalent formal or canonical stages of formation, the constraints on life commitments hold for one seeking admission to profession under this canon.

Again, as for children, a diocesan or canon 603 hermit can certainly have been married and had children but s/he cannot have minor children, nor can grown children require parental care. Such situations (minority or dependency) constitute another way in which the hermit is not truly free to give herself to profession in the way the vocation and profession require. A consecrated hermit may leave her inheritance to her children (or anyone else) just as is true for anyone. She will also arrange to remain in regular contact in whatever way works best for everyone. There will be limits, of course: young adults will not be able to come home to live with their hermit Mom or Dad, there will be no way to borrow money from the hermit (who is unlikely to have any!), and the hermit will not be able to babysit the grandchildren more than occasionally or spend much time away from the hermitage with her kids and grandkids. She will not be free for these things; her life is given over to God and structured in a new way which makes her unfree for what might have been usual otherwise.

Similarly, the family is unlikely to be able to visit the hermitage all that often -- though this is something I expect the hermit will work out with the assistance of her Director (delegate) and/or Bishop. (If it cannot be worked out to the satisfaction of the bishop, et  al, the person will not be admitted to eremitical profession. If, for instance, a hermit's family needs her in ways which make embracing eremitical solitude unloving or selfish, admission to profession is unlikely to be extended to her.) Otherwise, I think things will be pretty much as they are for any parent with grown children. I do believe the reality of the former marriage with children will add moments of poignancy and depth to the hermit's life and prayer. Separation from her family/children may well sharpen her solitude and add a dimension to her love of God and humankind that other hermits without such family may not have. Thus the person who becomes a hermit after divorce/annulment and raising her children will find her circumstances add both richness and suffering to her life as a hermit.

I don't think formerly married hermits with grown children are all that usual, but they are not unheard of. I know and/or know of several such hermits. In other faith traditions that also see eremitical life as a second-half-of-life vocation or which see solitude per se as a vocation for the elderly, it is quite common for folks to become hermits for the final stage of their lives. At this point they tend to have fewer responsibilities for their family, have often lost a spouse to death, have a mature faith life, and will really blossom themselves in solitude -- including beyond solitude as therapeutic or part of their grieving process. However, within the Roman Catholic eremitical tradition I would say it is relatively uncommon for there to be formerly-married hermits -- though with the provisos mentioned above it is perfectly fine.

I hope this is helpful.

Follow up Question: [[Sister, yes your answer was helpful so thank you. I thought you would deal with this question in your [original] answer so let me ask it directly. Would  someone in the same position be able to make private vows as a hermit? I mean, is there a difference with whether the hermit or wannabe hermit (no offense intended) wants to make private vows or public ones?]]

That's a great question and a good follow up since your earlier question referred only to consecrated hermits but not to those who are hermits with  private vows. Yes, there is a very great difference in this. When marriage is contracted the parties enter a new state of life, the married state -- though they remain laity. They become one flesh through the Sacrament of matrimony and, as noted in the earlier question, the bond effectuated in the Sacrament cannot be undone by civil divorce. Instead it must be found and declared to have never actually occurred in a declaration of nullity or a dispensation secured. Unless and until this occurs the Church would consider either member of this couple to be unfree to make another life commitment like religious life, consecrated eremitical life, priestly ordination, etc. In other words, profession is closed to such persons until and unless they receive an annulment/dispensation.

In part, this is because profession is a matter of public vows or other sacred bonds and consecration by the Church by which a person enters another state of life (a religious, or  consecrated state) involve now legal rights and obligations. Private vows however, are an entirely private matter which do not ever initiate a person into another state of life; they are an act of self-dedication with no corresponding ecclesial act of reception or consecration. (Private vows are witnessed, but not received.) Thus, neither do private vows ever convey the rights and obligations associated with religious life or consecrated eremitical life. For this reason, a person who has been divorced without benefit of annulment/dispensation can make private vows at any time. Nothing in her state of life changes, there is no canonical life commitment or assumption of new legal obligations or rights to which one's remaining marriage bond would be an impediment.

If, however, such a person were to decide they wanted instead to become a consecrated hermit in the Roman Catholic Church, they would need to pursue the annulment (the declaration of nullity which says the Church finds there to have never been a sacramental marriage bond at all beyond a civil contract). The Declaration of nullity (or, again, the prior death of one's spouse) would therefore establish there is no impediment to profession or consecration and would thus establish a person as free to begin a mutual discernment process with their Diocese, something every person seeking to be admitted to public profession and consecration would need to do.

Again, good follow up question! It really helps to underscore the difference in Catholic theology between private vows and public profession as well as the necessity of responsible freedom to make a life commitment which is truly binding in all the ways such a commitment should be within the Church.

Follow-up Question #2: On the Need for a Declaration of Nullity:

Dear Sister,  another blogger in Married Hermits and Other Considerations has written that what you have written is your opinion and someone can be married and a consecrated or Catholic hermit. She claims you are making up Rules and regulations! I don't know who to believe in this. Help!

In many things here I post my own opinions based on lived experience as a hermit and my theological expertise; I always attempt to give the very best and most accurate opinion I can and I will always try equally diligently to reflect the Church's own practice. However, in the matter you first asked about regarding the need for ecclesiastical annulment (or dispensation) if one has been divorced and is seeking to be admitted to public profession and the consecrated state as a hermit in community or a c 603 hermit, this is not an opinion; it is the way things work in the Church because matrimony effects the union of two people so they become "one flesh". I am merely stating the Church's theological and canonical position on the freedom necessary to make another life commitment.

Here is the way one religious congregation (Carmelite) states the need for canonical freedom for those seeking to enter them. The requirements are the same for profession under canon 603: [[Yes, we do accept women in our congregation who were formerly married. You would need to produce the necessary documents establishing that you are canonically free to enter religious life; death certificate of spouse, or civil divorce decree and [an ecclesiastical] decree of nullity.]] (Emphasis added.) The pertinent canons are 597 and 643 sec 1.2 and 2.

The author of the blog you referenced (also The Complete Hermit, Christ in the Present Moment, and several others) also once knew the truth of what I have written here, though perhaps she was unaware of the theological rationale for the Church's position. She and I once spoke about the necessity of establishing one's free status to become a canonical hermit when she reached out to me about becoming a diocesan hermit during the Summer of 2007, prior to my perpetual eremitical profession on 02. September. (Remember canon 603 hermits have to submit copies of their baptismal certificates -- which include records of other life commitments -- and prove free status in ways similar to the above if they are to undertake public profession.) After our email conversation, Ms. McClure eventually spoke to someone in her own diocese and subsequently blogged about that. Here is what she wrote (the link to the relevant excerpt of the blog article, which I copied this morning is included at the end):

[[Friday, August 31, 2007

nullity of marriage

Yes, as a hermit of a different diocese informed me, and now verified by a canon lawyer, in order to be "canonically" consecrated, one must have nullity of marriage. However, private consecration does not require the annulment.

The next step, then, is for me to activate my annulment file at the Tribunal. I have made the call, and they are checking the file to make sure all information is up-to-date regarding witnesses. Sadly, the only witness who knew me before my marriage and during the marriage, knowing my ex-husband, is a woman with severe pain in her wrists and who cannot write without great difficulty. (She has pain elsewhere from a virus that settled years ago and caused permanent damage.) Hopefully she can do this writing required on whatever forms.

It is, at minimum, an act of charity for my ex-husband who has been remarried for years, in case he would ever desire to convert to Catholicism. He hates Catholicism, but in God all things are possible such as changes of heart and mind. . .]]The Complete Hermit :Nullity of Marriage

** Since writing this piece a canonist informed me (27. January.2021) that a person who is divorced may also receive a dispensation to become a professed/consecrated hermit, just as they might if they were entering cenobitical religious life. I have a couple of questions outstanding still, so more about this when I get more information. I have redacted the piece to include the possibility of a dispensation from a decree of nullity.