annulment turned down, what is next step

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I know in cases where there has been domestic violence or other forms of abuse as there was in mine, they do not make it necessary that the spouse does the contacting. In my case the Parish that I seeking my decree in (it was a lack of form nullity) sent it to the other parish to send to his last known address which was his parents so that there would be no tracing back to where I was. So he was notified - assuming his parents gave it to him - however, I did not partake in that process. This may have been what was meant but not communicated well.
The annulment process and all the associated forms and paperwork that went with it that I had to complete here in Pennsylvania was COMPLETELY set up and organized so that the TRIBUNAL does all the official notifications to the ex - both of the case when initiated (including the invitation to participate) and the final verdict - as it should be. It should never be left to the plaintiff to do the official notification in this case.
 
In many dioceses, a lack of form marriage case does not go through the annulment process, and thus has no notification requirements to the ex-spouse.
 
Hello. I wish to again thank those who have been lending support. I am not here to present my husband’s case, although he and the person with whom he had been working thought he had a fairly sound case. His witnesses were very limited; this actually occurred 35 years ago. Also consider that men are less inclined to discuss their personal issues than women, i.e. here I am looking for help. There were several compound factors, but for some reason they failed to add up for the Tribunal. The x refuses to cooperate, though he was told that they needed her (name removed by moderator)ut. I am basically trying to find recommendations as to how to proceed. Did anyone go through the appeal process? Is it better to start from scratch? How can I find a canon lawyer? We need someone to help him write this better. He will be contacting the Tribunal in a few more days to try to speak with the Judge. He is trying to gather his thoughts in the meanwhile. I ask for prayers, support, and recommendations.
One suggestion: As you do your fact gathering and complete your search for references for a good canon lawyer - notify the Tribunal of your intent to appeal before the deadline comes up. I don’t think you have to have all the grounds yet to do that notification. Don’t miss the deadline.
 
Hello. I wish to again thank those who have been lending support. I am not here to present my husband’s case, although he and the person with whom he had been working thought he had a fairly sound case. His witnesses were very limited; this actually occurred 35 years ago. Also consider that men are less inclined to discuss their personal issues than women, i.e. here I am looking for help. There were several compound factors, but for some reason they failed to add up for the Tribunal. The x refuses to cooperate, though he was told that they needed her (name removed by moderator)ut. I am basically trying to find recommendations as to how to proceed. Did anyone go through the appeal process? Is it better to start from scratch? How can I find a canon lawyer? We need someone to help him write this better. He will be contacting the Tribunal in a few more days to try to speak with the Judge. He is trying to gather his thoughts in the meanwhile. I ask for prayers, support, and recommendations.
*Is your husband as into getting this done, as you are? You seem to be doing all the work. :confused: Praying that things work out. Have you thought about what might happen if it’s declined, again? *
 
That is very interesting…thanks for sharing, but that’s what I was told by the Tribunal here where my annullment was filed, and I was told once I had received the approval by the priest that a copy of the approval was sent to my exhusband and that was it…🤷
Ah, that would mean a copy of the decree accepting your claim (the so called libellus), perchance? If they sent that one out to both parties, it was all OK. Generally, three things need to be sent - notification that the libellus was accepted, notification that the acts (i.e. the record) are concluded and up for viewing by parties, and finally the ruling itself.
Wow! I find their conduct stunning not just because it seriously differed from mine (in Pennsylvania) - but because their conduct is somewhat self-contradictory (by informing the ex of the final verdict - but not of the prior process - what’s up with that?) …
“Approval” must have meant the decree for accepting the case. That means preliminary review of the claim to see if it’s properly written, says all that’s necessary etc. It’s not the final verdict yet. After accepting the claim for examination, they examine it and then the final verdict is a separate thing. Serving the verdict as the first service of process would make the whole “acts” (record) null.
I know in cases where there has been domestic violence or other forms of abuse as there was in mine, they do not make it necessary that the spouse does the contacting. In my case the Parish that I seeking my decree in (it was a lack of form nullity) sent it to the other parish to send to his last known address which was his parents so that there would be no tracing back to where I was. So he was notified - assuming his parents gave it to him - however, I did not partake in that process. This may have been what was meant but not communicated well.
Yes, you never need to contact the spouse directly and they won’t leave you alone with finding the address (yes, it’s required from you; no, you aren’t deadlocked if you don’t know it).
The annulment process and all the associated forms and paperwork that went with it that I had to complete here in Pennsylvania was COMPLETELY set up and organized so that the TRIBUNAL does all the official notifications to the ex - both of the case when initiated (including the invitation to participate) and the final verdict - as it should be. It should never be left to the plaintiff to do the official notification in this case.
Yup. Parties don’t have to come into any contact unless the tribunal should find it necessary, but that doesn’t normally happen in marriage cases. Plus, all questions actually go through a judge, so there won’t be one party asking the other party bad questions directly, either.
In many dioceses, a lack of form marriage case does not go through the annulment process, and thus has no notification requirements to the ex-spouse.
Actually. Canon 1686 deals with that and it says you can skip formalities, but the notification requirements are still there.
Can. 1686 After receiving a petition proposed according to the norm of can. 1677, the judicial vicar or a judge designated by him can declare the nullity of a marriage by sentence if a document subject to no contradiction or exception clearly establishes the existence of a diriment impediment or a defect of legitimate form, provided that it is equally certain that no dispensation was given, or establishes the lack of a valid mandate of a proxy. In these cases, the formalities of the ordinary process are omitted except for the citation of the parties and the intervention of the defender of the bond.
vatican.va/archive/ENG1104/__P6O.HTM
 
Just to clarify one point I made above, marriage cases can’t be heard in oral process and thus there are no pitched petitioner-respondent (plaintiff-defendant) courtroom battles.
 
Prayers to you. My husband had a terrible time with his, and eventually received a decree of nullity. Now six months later it has resurfaced due to his ex. So now, our valid marriage has to be defended against her claims of him lying about her whereabouts and not being allowed to defend herself (he began the process in mid 2007). It doesn’t matter what the grounds were for the degree of nullity, if they think he lied about knowing her current address (when he began the process, the address he listed WAS accurate) then our marriage will be invalid. Ugh, the ball had been dropped so many times in his process by the first tribunal (we had the case moved b/c of their constant mistakes).
 
Prayers to you. My husband had a terrible time with his, and eventually received a decree of nullity. Now six months later it has resurfaced due to his ex. So now, our valid marriage has to be defended against her claims of him lying about her whereabouts and not being allowed to defend herself (he began the process in mid 2007). It doesn’t matter what the grounds were for the degree of nullity, if they think he lied about knowing her current address (when he began the process, the address he listed WAS accurate) then our marriage will be invalid. Ugh, the ball had been dropped so many times in his process by the first tribunal (we had the case moved b/c of their constant mistakes).
I have a question here–why are these ‘‘ex’’ spouses so angry? Why don’t they want to move on with their lives? If the Tribunal declared the marriage invalid, why does an ex want to ‘fight’ it? They want to be forever bound to a person, when there is no marriage anymore binding the two??? :confused: Just makes no sense to me.
 
I have a question here–why are these ‘‘ex’’ spouses so angry? Why don’t they want to move on with their lives? If the Tribunal declared the marriage invalid, why does an ex want to ‘fight’ it? They want to be forever bound to a person, when there is no marriage anymore binding the two??? :confused: Just makes no sense to me.
She’s remarried, but obviously does not want my husband to be happy and wants to punish him where it hurts, his faith (she’s not Christian).
 
She’s remarried, but obviously does not want my husband to be happy and wants to punish him where it hurts, his faith (she’s not Christian).
But, why? She obviously isn’t over him…married or not, when you think about it. :o Because if you’re over someone, you become indifferent. One would think! lol She should not care that he’s moved on with you, and wants to do things ‘‘right.’’ It’s mind boggling to me…like the OP’s husband…who’s ex wasn’t ‘‘cooperative’’ either. Why? Move on with your life, you are being granted an opportunity now to remarry without the stain of adultery. The person should be thanking the other for trying to make things right before God. :confused:
 
But, why? She obviously isn’t over him…married or not, when you think about it. :o Because if you’re over someone, you become indifferent. One would think! lol She should not care that he’s moved on with you, and wants to do things ‘‘right.’’ It’s mind boggling to me…like the OP’s husband…who’s ex wasn’t ‘‘cooperative’’ either. Why? Move on with your life, you are being granted an opportunity now to remarry without the stain of adultery. The person should be thanking the other for trying to make things right before God. :confused:
My mom and dad were married for 35 years. His ex wife, with whom he was married for 13 years (Mom had nothing to do with their divorce), never got over it. My brother and sister, now in their 50’s, still feel like they have to do some kind of penance when they are around us. Stupid. Really really stupid.
 
My mom and dad were married for 35 years. His ex wife, with whom he was married for 13 years (Mom had nothing to do with their divorce), never got over it. My brother and sister, now in their 50’s, still feel like they have to do some kind of penance when they are around us. Stupid. Really really stupid.
Exactly…it’s because the other spouse never got over it. Interesting. Sad, actually. :(*
 
Not to get off track, but this is why my sister claims she doesn’t explore this process, she is ‘‘afraid’’ that my (ex) BIL will throw a fit, and not cooperate. I said, then you’re still married. Your fear doesn’t mean you are not married, or that the Church’s proceedings are flawed. It’s been an uphill battle…I truly fear for her soul, because she is dating men left and right, as though she were free to do so. 😦
 
I AM SO SORRY THAT YOUR HUSBAND’S ANNULMENT WAS DENIED.

MY ADVISE TO HURRY UP AND GET A CANON LAWYER…AND APPEAL.

If the Tribunal really said that everyone is “IMMATURE”…you have a case if it was written in their denial letter. Cannon Law 1095 is very clear that many young people marry without thinking about the responsibility of what it entails to be married.

I was married 50 yrs ago and now I am going to be 70yrs.old. I don’t plan to get married again but I will fight for my rights in getting my marriage annuled that was not blessed by God.
My ex-spouse has chosen to not answer the questions by the Tribunal because it will bring back the memory of saddness that we had problems. I respect his wishes and this is why I applied knowing that I could/may get the annulment without his help. My ex-spouse is very ill and is an alcoholic. He can’t write well and never could and never will.

I did my research and my priest said to me to write as much as I could to tell my story to the Tribunal. My case as been progressing and on Nov. 30th I guess it will go to the first or second trial. They have sent letters to my two witnesses. That is where I am at presently.
It really shocked me that the 60yr.old man’s annulment was denied. Most likely because he didn’t tell everything to the Tribunal. I have lots of skeletons in my family history closet that I will bring them all out to get my annulment. I also have more witnesses that I can give to the Tibunal.

I have noticed that is us females who want to fight for our annulments. We end up doing all the work to get it processed. IT IS A PAINFUL EXPERIENCE to have to bring up the old sad memories.
Please pray for me that my annulment will be approved for the sake of my ex-spouse who
really needs this annulment so he can marry his wife of 30yrs. in the Catholic Church.

People ask me “Why are you doing the annulment process”? I tell them because my ex-spouse is too ill ,and he can’t write, and has serious mental problems. Plus, I will be free and cut the cord that has held me to him all these years. Lucia
 
Actually. Canon 1686 deals with that and it says you can skip formalities, but the notification requirements are still there.
According to the following authentic interpretation, the documentary process (e.g., canon 1686) is not required for lack of form marriage cases. Some dioceses take advantage of this, while others do not. Obviously, prenuptial investigations have no notification requirements to ex-spouses.

Documentary process or the pre-nuptial investigation (cc. 1066 and 1686)

The doubt: Whether, in order to prove the state of freedom of those who, although bound to the canonical form, attempted marriage before a civil official or a non-Catholic minister, the documentary process mentioned in c. 1686 is necessarily required, or the prenuptial investigation dealt with cc. 1066-1067 suffices.
The response: Negative to the first. Affirmative to the second.

July 11, 1984
AAS 76 (1984) 746-747.
Periodica 73 (1984) 287-290.
 
According to the following authentic interpretation, the documentary process (e.g., canon 1686) is not required for lack of form marriage cases. Some dioceses take advantage of this, while others do not. Obviously, prenuptial investigations have no notification requirements to ex-spouses.

Documentary process or the pre-nuptial investigation (cc. 1066 and 1686)

The doubt: Whether, in order to prove the state of freedom of those who, although bound to the canonical form, attempted marriage before a civil official or a non-Catholic minister, the documentary process mentioned in c. 1686 is necessarily required, or the prenuptial investigation dealt with cc. 1066-1067 suffices.
The response: Negative to the first. Affirmative to the second.

July 11, 1984
AAS 76 (1984) 746-747.
Periodica 73 (1984) 287-290.
Well, they still need to establish that there was no general or singular dispensation in place. You could be pretty sure there were no general dispensation in San Fran or DC, but it’s not the same with areas where there’s one priest per hundred miles square and singular dispensations are trickier (need at least to check the records). Plus, if it’s merely a prenuptial investigation, then as far as I know, a proper sentence of nullity could not be given. But yeah, that explains things.
 
Ok. Wow. It would be very difficult for me to go back and comment on all the posts, so I’ll only touch base on a few select. I am very grateful for the (name removed by moderator)ut, particularly that which is of guidance. Chevalier, I have copied your recommendations into a folder on my computer, and I will reread carefully. I really appreciate the sound advice, which is what we truly need right now. All official notifications, and I’m sure a ton more, went to the x. She would not answer, and he was unable to contact her. Yes, I’ve done a lot of work on my spouse’s behalf. I also sat with him nightly for nearly a year as he relayed information I had never known that made my mouth drop. The application was his, his words; not mine. I helped him with securing books and related research to help him in the process. I am trying to help him and us. I have read in a great many places that the application itself is healing. It has healed both of us, but to understand that you would have to read my old posts. Again, I will not delve into exactly what his application presents. LaLucia and GMarie21, I will say a Hail Mary or devotional to Blessed Mother for you both. It will be another couple days before he calls the Tribunal. I did make a call to another diocese and they said that the only canon lawyers available are affiliated with Tribunals. Once he talks to the Judge, this will be one of the questions if he can speak to one. I really couldn’t pull too much advice from the person I spoke with; they’d essentially have to refer me to a judge, and I didn’t want to push the issue until my spouse makes his contact and also because this would be the diocese he’d have to reapply to. Still, there is no “advocate”. I don’t get it. Thanks, all.
 
Well, they still need to establish that there was no general or singular dispensation in place. You could be pretty sure there were no general dispensation in San Fran or DC, but it’s not the same with areas where there’s one priest per hundred miles square and singular dispensations are trickier (need at least to check the records). Plus, if it’s merely a prenuptial investigation, then as far as I know, a proper sentence of nullity could not be given. But yeah, that explains things.
Found a previous thread:

forums.catholic-questions.org/showthread.php?p=4474890
 
She’s remarried, but obviously does not want my husband to be happy and wants to punish him where it hurts, his faith (she’s not Christian).
Some people are unfortunately incapable of being happy as they do not have the Grace of God - any God of their understanding. Due to this they simply do not wish others to be happy either and will go to the ends of the earth to “punish” them for their perceived part in their unhappiness. Where is liberanoselmo to tell me if I have it right? 😉
 
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