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For a Catholic to be in good standing, and to be able to receive Holy Communion, then they must not be in an irregular situation such as you describe, an objective state of sin. For the Catholic to be in a state of grace, and thus to be able to receive Holy Communion, he or she would have to fix the irregularity in his life either by obtaining an annulment and validly married the individual or by separating from them. It might be possible to receive Holy Communion and get back in a state of grace by just practicing continence, until such time as they could be validly married, but this would be an individual decision of the person's confessor.

For a more thorough answer for a similar scenario, read this, written by Father Shane Johnson, a New York priest: (see link below)

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Q: If a divorced non Catholic marries a Catholic but not in the Catholic church is an annulment required for the Catholic to receive communion in a Catholic church?
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Can a presbyterian get an annulment?

No, annulment is not required in the Reformed Tradition. Presbyterians can be divorced without any particular action of church authorities.


How long could you be married in order to qualify for an annulment?

Depending on the grounds for annulment (i.e., the Catholic couple did not marry in the Catholic Church) an annulment may take only a few months. Catholics are forbidden to marry outside the Catholic Church. For example, if one or 2 Catholics were merely married by a Justice of the Peace ("the secular state"), no sacramental marriage existed in the first place. An annulment would still be required if the couple divorced and one or both wanted to marry another in the Catholic Church. That annulment, however, could be pretty easily and quickly attained. Most annulments take between 1 to 2 years to obtain. And, not all Catholic marriages can be annulled. There must be legitimate grounds on which to annul any marriage.


Can you marry in a Catholic Church if divorced?

Divorced Catholics need to apply for and be granted an annulment before they're free to re-marry. Any Catholics who wish to get married by anyone but a priest in anywhere but a Church, need to apply for a dispensation from the Catholic Church.


Can you be Catholic without praying to saints?

No, you are not required to pray to the saints if you are Catholic. However, it would be hard to understand why someone would not want to participate in this wonderful resource. However, if you do not believe in the Communion of Saints, you can not be a Catholic. The Communion of Saints is one of the basic tenets of Christianity.


Can a catholic married to non-catholic in civil ceremony receive communion?

This is a difficult question to dissect. I think what you mean is that a Catholic gets married to a Non-Catholic in a Civil Ceremony and then sometime later wants to receive Communion. Any Catholic can receive Communion and should, as long as they are not aware of any mortal sin. In this situation, Catholics must be married in the Catholic Church or receive a dispensation to be married elsewhere. If this is not done, it is a grave offense (mortal sin) and a confession is required before going to Communion again.


Can a divorced non-Catholic not married in a Catholic Church remarry in a Catholic church without an annulment?

Yes, a Catholic can marry a Pentecostal. Marriages in the Catholic tradition can take place either within a Mass or not. Generally, if a Catholic marries a non-Catholic they do not celebrate sacrament of matrimony during Mass but rather have a service. This service is just as Sacramental for the Catholic spouse as a marriage within a Mass would be for two Catholics getting married. There are some conditions however: For a Catholic to marry a Pentecostal and have their marriage recognized by the Church and thus be sacramental for the Catholic spouse, the couple would have to go through the regular marriage prep as required by their parish and the Pentecostal spouse would have to make certain commitments, such as acknowledging that the Catholic spouse has a commitment to raise the offspring in the Catholic faith.


How do Catholics divorce?

Divorce does not exist within the Roman Catholic Church, but Catholics can apply for an annulment. If the marriage is deemed to have been invalid, it is declared null. The advantage of an annulment is that the Catholic is recognized to have never validly contracted marriage and is therefore free to marry. In most countries, Catholics can obtain a divorce from the secular authorities, without reference to the Church. A divorce allows the Catholic to remarry under law, and is usually required whether or not an annulment is obtained from the Church. Even if the Catholic does not obtain an annulment, a secular divorce allows him or her to remarry, but not in a Catholic church. However, it is important to remember that the Catholic Church will not formally recognise this marriage.


Can children of a remarriage by a divorced Catholic be raised in the Catholic faith?

Roman Catholic AnswerOf course, if the child is baptized, it is required that he be raised in the Catholic faith. If a child is not baptized, there must be reasonable assurance that he will be raised in the faith, to be baptized.


Can I receive Holy Communion even though I didn't receive reconciliation?

Roman Catholic AnswerNot if you are in a state of mortal sin. To receive Holy Communion in a state of mortal sin, is not only another mortal sin, but sacrilege and scandal, as well - both of which are mortal sins. You have to remember that Holy Communion is the actual Body and Blood of Jesus Christ, Himself, Who is God. Anytime you are in a state of sin you are required to go to confession first, if you are unable to get to confession before Mass, you should refrain from approaching for Communion and make an act of Spiritual Communion - where you pray to God to forgive you and to come into your soul as if you were able to receive Holy Communion.


Can a non-Catholic who married a divorced non-Catholic become Catholic?

Yes. You can become a Catholic even if you were not married in the Catholic church. You must go and see the Father at your local church and inform him of your desire to become Catholic and he will take you through the process. You may be required to complete confession before you can convert.


What are the rules to receive communion?

To receive Holy Communion, a Catholic must be in the state of grace, that is, have no unconfessed mortal sins on their conscience and be a practicing Catholic. Divorce is not sanctioned by the Church and it is a mortal sin to seek to secure one. However, there are always circumstances to our actions. Unless you receive an annulment, you are still married. Here are some circumstances which would encourage you to continue to go to Communion: * If you sought the divorce but have since repented in confession and have been given absolution. * If you were dragged into the divorce by a spouse who wanted it than your signing is a mere formality. You are guiltless. * if you have confessed and have been absolved but are feeling guilt or unsure, or you begin to doubt your role in the divorce - stop! These are scruples and should be ignored. Go to Communion freely and with confidence. Here are some circumstances where it would no be right to go to Communion (i.e. by going you would be committing a sacrilege)" * If you are divorced, you are still married in the eyes of the Church. You can therefore not date or have another relationship. If you are, it would not be right to go to Communion. * If you secured the divorce and have not confessed it, or do not believe you have to, it would not be right to go to communion. If your specific circumstances are not addressed in the above, then speak with your parish priest and be open and honest that he may guide you. Communion should never be passed by unless you are sure that you are in mortal sin.


How come Catholics are allowed to get divorced but weren't during Henry VIII?

Roman Catholic AnswerThere is no such thing as a "divorce" in the Catholic Church and there never has been. Sometimes the Church will allow for a civil divorce if there are very pressing and over-riding reasons, but this would never allow for a remarriage as the persons would still be considered marriage in the eyes of God and the Church. The other thing that you may be thinking of, since you mention Kind Henry VIII is an annulment. An annulment is a decree that no valid sacramental marriage ever took place, that something was missing that was required for a valid marriage. In this case, the Church would demand a civil divorce as they have ruled that there is no sacramental marriage.