What You Ought to Know About Catholic Annulments

Catholic annulment is always a controversial topic within the Catholic Church. The topic is avoided for various reasons. The subject is greatly misunderstood. Many Catholics are puzzled, confused, and upset about the process. Many Catholics, who want to protect the sanctity of marriage, are crying in despair on the increasing number of annulments in recent years.

Divorced Catholics are still adamant that they do not need a Catholic annulment. The common statements heard from them are "Why would I get an annulment when I know for sure that it was a real marriage that occurred?"

Divorced Catholics will not want to go through the long waiting period. They will go ahead and marry the person they love. They rationalize by saying that "We are in love. God knows this. The Church's medieval doctrines are irrelevant to the times." Thus, many Catholics do not pursue an annulment. Divorced Catholics shy away from the Catholic Church practices. They eventually become "Cafeteria Catholics". The Cafeteria Catholics are those Catholics that take what is good in the Catholic doctrines and conform these to their lifestyles.

The Catholic annulment process takes one to two years. Depending on the cooperation of both parties to the annulment, it might take three to four years. An affirmative decision is not always guaranteed.

The process is procedural in nature. There is no way to fast track it. The required forms contain some questions for the petitioner and the witnesses. These questions bring back a lot of painful memories. The longer a divorced Catholic initiates an annulment petition, the more difficult it might be.

In an annulment process, the details of your marriage will be exposed to the Tribunal. However, confidentiality is assured. The Catholic Church will not attempt to point who has committed an error in your union. The Church will not make the children illegitimate since there is no civil implications to this. The Church cannot change your terms of divorce, question your paternity, child custody or property settlements. If the Tribunal declares nullity to your marriage, the couples are given the freedom to contract marriage in full participation with the Catholic Church.

Grounds for Catholic Annulment in a Nutshell

The major reasons for a Catholic annulment are insufficiency and inadequacy of judgment. Another major ground is the lack of discretion if the couple married hastily due to parental pressure. Perhaps, there was pregnancy involved prior to the marriage. Another common ground for annulment is psychological incapacity. The presence of emotional, mental and psychological disorders may inhibit the understanding of a marriage commitment. Another ground for annulment is the absence of an intention to have more children. There are spouses that are against having a child. Another reason can be the absence of an intention to be faithful in the marriage or remain together until death.

For example, a couple may have some addictive problems with alcohol and drugs prior to marriage and carries it into the marriage. Another instance is if one of the spouse does not believe in a monogamous relationship. The other spouse constantly engages in unfaithful actions during courtship and continues the infidelities after marrying the spouse.

Steps in a Catholic Annulment

There are nuances in how the process of Catholic annulment occurs in each Diocese. But, there are seven (7) basic steps:

1. Interview with Parish Priest or Deacon

The first step is talking to the person in charge in your parish for Catholic Annulments. Normally, the parish priest assigns a Deacon. An initial interview is conducted. The Deacon may just listen to your story and give you some preliminary papers to fill up and answer. He may advise you on how to approach the questions. Some Deacons prefer you to explain things in a nutshell. Some Deacons like you to give answers in detailed form. It is very important to clarify this to him.

2. Submission of Preliminary Questionnaires

The second step is to take the time to answer the preliminary questions to the best of your memory. You do not have to worry if you appear one-sided. The important thing is if it is the truth. After you are done with the paper work, you will submit it to your Deacon. This process takes one to two weeks.

3. Submission of Required Documents to Diocese

The third step is the Deacon will read through your answers. Some Deacons will try to understand your case and go through your answers. Other Deacons will want to give the burden of the analysis to the Tribunal in the Diocese. The Deacon will get your Baptismal Certificates (certified in the last six months), birth certificates, marriage certificate for marriage in question, complete civil annulment or divorce decree and any documents to support you case. The Deacon will submit these documents to the Diocese.

4. Determination of Grounds and Request for Witnesses and Testimonies

The fourth step is the confirmation that your petition has grounds for annulment. You will receive a letter from the Diocese with pertinent instructions. The diocese will mail you a form with questions about your personal family history, dating history, your marriage, your background and some intimate questions. You are given a specific period of time to answer it. You are also requested to give at least two to five witnesses in your case. After submitting the contact details of your witnesses, the Diocese will mail out some forms. The witnesses will answer the questions and provide some testimonies about their knowledge about you, your former spouse and your marriage. You are also required to give the contact details of all relevant witnesses, counselors, physicians, psychologists and any court proceedings and judgments. Depending on the load of the Tribunal in your Diocese and your response to the requested information, this stage takes 6 months to one year.

5. Waiting and Investigation Period

The fifth step involves the investigation and examination of your case. Your petition will go to various stages. The accepted petition will go through determining the grounds on which the annulment will be analyzed and evaluated. The tribunal will obtain all the necessary testimonies and proofs and evaluate these. There will be a review of experts if the grounds involved the behavioral sciences or disorders. Also, your former spouse will be contacted and have an opportunity to know about the petition and defend the validity of the marriage.

You will be given an advocate which is like a lawyer to defend your case. The advocate will analyze your personal history and your case. The Defender of the Bond, will try to argue your case according to the Catholic Doctrines and make sure that it is a valid marriage. This stage will take two months to four months depending on the work load of your Diocese. It has been known that this stage may take up to one year.

6. Decision

The sixth step is a Decision. Depending on the nature of the case and the grounds, a decision is made by the Tribunal or the Diocesan Bishop or the Pope through one of his offices in Rome. Either parties can appeal the final decision. It will also go to a second judge. Sometimes, the second judge is in another Diocese or state. The second judge will evaluate the whole petition and will either confirm or negate the earlier decision. This process takes another 2 to 3 months.

7. Official Declaration of Nullity

The seventh step is an official declaration of "nullity". It simply means that the Catholic Church considers the broken marriage lacking one or more of the elements of a valid, sacramental, consummated marriage. If it is considered invalid, the Church declares the marriage never had the binding force that characterizes the marriage. If it was not consummated or there was never a sacrament, the Church can dispense from the bond of the marriage.

Relevant Questions Asked in Catholic Annulments

How can you require an intended spouse who is not a Catholic to endure this annulment process?

The Catholic Church presumes that any marriage is true or valid. Thus, it considers the marriages, for example, of two non-Catholics or even non-believing persons to be binding in the eyes of God. The Church's annulment process will establish if there is an essential ingredient in the relationship that was missing from the start of the previous marriage.

Is money involved in the annulment process?

Yes. The Diocese sets an amount depending on your income to cover the costs of administration and processing the case. The Diocese has a sliding fee schedule. You need to show some proofs of income and your tax return.

Conclusion:

There are several misconceptions in getting a Catholic Annulment. Even Catholics have limited understanding on the extent of work required to obtain a Catholic Annulment. Catholic annulment is not a Catholic Divorce. One of the spiritual benefits of Catholic annulment is healing. The greatest benefit is full participation in the Catholic Church.

Sources:

"Annulment an Dissolution Guidelines, Marriage and Tribunal", St. Paul's Roman Catholic Church, New Jersey

Joseph Champlin, "Ten Questions About Catholic Annulment"