Annulment update: more madness it seems

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thestickman

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Here’s the latest chapter in my annulment saga/nitemare:

I received a letter from the Tribunal yesterday which has me wondering “who has misinformed who”. For this to make sense I need to back up and tell you when my present wife and I sat down with the Deacon who worked with us on our annulments (parish priest is too busy to be bothered with them) 15+ months ago. The man looked us both in the eye and said, “If the exwife doesn’t respond to the questionaire it will be handled as it would in any civil court. You sue someone, they don’t respond or show up for court they lose, you win.”

My ex-wife never responded to the Tribunal’s questionaire.

15 months ago, the Deacon told my wife and I that I had to list 2 people as witnesses to the problems in my 1st marriage. I told him there were no witnesses to the problems in my 1st marriage (except for my in-laws and they aren’t doing anything to assist me in any fashion and my parents who would cut off their arms with bread knives if they thought it would keep me from becoming Catholic and neither of them know all the gory details anyway), because I didn’t advertise the awful things I was doing (I was a very bad husband) and there was not going to be any way to change that reality.

Deacon told me that I at least needed 2 witnesses who could confirm they knew my ex-wife and I were married. So I found 2 friends from way back who I knew would take the time to fill the questionaire and would do so honestly.

These 2 gals filled out the forms and sent them in.

Included in my original paperwork and in detail in the 40+ page written response to the main questionaire I filled out last year, I made mention of the fact I had been treated at X hospital by Doctor X for depression. This was relevant to one of the reasons for a defect of consent. I signed a release of information form, filled in the correct name of the doctor, address and the correct name of the hospital…sent it all in to the Tribunal.

Yesterday, I received a letter from the Tribunal telling me they received and read the responses from my 2 witnesses. However, because my 2 witnesses couldn’t corroborate information in my statements (as I told the Deacon face-to-face and like I wrote in my responses to the Tribunal questionnaire would be the case), to the Tribunal they were unacceptable. I have THREE WEEKS to come up with 2 new witnesses who can/will confirm my assertions. No such persons actually exist, but i have to come up with them anyway.

In this same letter, I read the Tribunal never got a response from Doctor X nor the hospital I was treated in. No big surprise there since in this letter the Monsignor had the Doctor’s name wrong and the name of the hospital wrong as well.

Also, in this letter from the Tribunal I learn my ex-wife hadn’t responded to the questionnaire (no surprise there) and because no one responding to the Tribunal’s questionnaire’s could confirm or had knowledge of why my marriage to my 1st wife failed–they couldn’t proceed to the hearing phase of my case.

I have 3 weeks to come up with folks who don’t exist to fill out a questionnaire that won’t be back in the hands of the tribunal in 21 days.

Before Mass this morning, my present (and final) wife, went to the Deacon mentioned above and asked him what in the world was going on. We had followed all his directions and now the case might be frozen in place. His cya response was, “I never said this would work out in your favor.”

My wife kindly informed him this wasn’t about the annulment being granted or denied, it was about the case proceeding. “I’ll call them tomorrow but I’ve done all I can.”

I plan on calling the Tribunal office Tuesday to let them know of the error of the Doctor’s name and the hospital. The parish priest where I now attend daily Mass is going to assist me in trying to get info directly from this doctor and the hospital. **Outside of that, anyone have any suggestions? **We are praying often and regularly–for the people in the Tribunal and that God’s Will be done one way or the other in the annulment matter: be it granted or denied.

Any advice or assistance would be greatly appreciated.
 
Oh I have been there!!!

You’re an only child? You have no sibs who will stick up for you? How about an aunt? My aunt saved the day for my anullment. Former colleagues? An old Army buddy? Former neighbors? Go through your address files (what DID you do with that old Rolodex?).

Hang in. It seems the priest from daily Mass is a good guy. These things wear on a body. They probably wear more on the deacon than hte average person.
 
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OutinChgoburbs:
Oh I have been there!!!

You’re an only child?You have no sibs who will stick up for you? How about an aunt? My aunt saved the day for my anullment. Former colleagues? An old Army buddy? Former neighbors? Go through your address files (what DID you do with that old Rolodex?).

Got a sister who lives out of state who knew nothing of what was going on when I was married as she lived out of the state then as well. No buddies from the service days to assist as I got married after I was out of the military. Former neighbors aren’t any help because the things going on were kept close and private.

And worse yet, I never had a rolodex:(
Hang in. It seems the priest from daily Mass is a good guy. These things wear on a body. They probably wear more on the deacon than hte average person.
This priest is an AWESOME priest. I am so thankful God directed me to his parish. Hopefully he can punch the right buttons and this thing can again resume moving (albiet slowly), forward.

Thanks for taking the time to respond.
 
Stickman,

My sister just received her annulment. I was a witness along with her ex’s aunt and a friend.

Would there be any close relationships amongst your ex’s that would/could help you out? The truth is the truth and there are some people who will stand up to it…leaving all emotion aside.

Anyway, wish you the best and praying for you…
 
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Shoshana:
Stickman,

My sister just received her annulment. I was a witness along with her ex’s aunt and a friend.

Would there be any close relationships amongst your ex’s that would/could help you out? The truth is the truth and there are some people who will stand up to it…leaving all emotion aside.

Anyway, wish you the best and praying for you…
Thank you for the kind words and especially the prayers.

Unfortunately, there were no close relationships between me and my ex-wife’s family. My behavior was such then that I kept her family as far away as possible.
 
Ask your sister and one of the neighbors. Matching the timeline of people who knew you when you were married seems to be the biggest issue, even if they are fairly weak witnesses.
 
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Fortiterinre:
Ask your sister and one of the neighbors. Matching the timeline of people who knew you when you were married seems to be the biggest issue, even if they are fairly weak witnesses.
I concur.

And you might be surprised on how God can use negative testimony. :cool: My mother is dead set against ANYBODY getting an anullment, no matter the circumstances. She has stayed married to my father for almost 50 years, and it was a rough way to go. She also used to think that girls should be married or sent to the convent before their 21st birthdays, to keep them “pure”. Yet, I listed her as a possible witness. Her written testimony on her personal beliefs made the tribunal look toward the strong possibility that anybody who was raised in such an environment would have a definite problem fully making a marriage vow without some distance.
 
Hi Stickman…been there done that! I had my sister and her husband fill out the forms because although they didn’t witness the actual events, I did tell her about what was going on after the fact. She was the only one I confided in since my first marriage tore my family apart (part of the plan to seperate me from my family I think). Anyway, my new hubby had to deal with his ex’s family for his annulment and though they were not kind about it, it was determined that it wasn’t a valid marriage. So ex in laws can help without knowing they are helping…don’t forget these folks at the tribunal office are experienced at seeing beyond the words they write and seeing the real problem. You said you weren’t a good husband back then…who better to complain about that then your ex in laws? Have some faith in God’s will…

Oh just so you aren’t surprized when it happens…you may be granted the annulment but be required to go to counselling before they can validate your present marriage. This is just to accertain that the reasons that your first marriage was invalid don’t impede your second and last marriage.
 
Thanks much for the kind words and suggestions, folks. I am fortunate in I have a priest who’s working with me now and he’s only been at it for 50 years or so. His reccomendation is to accept the fact there are no willing or knowledgeable friends or relatives on either side who are going to help. His focus is now on getting the medical records in the hands of the Tribunal.

Oddest thing about the medical records is, I know I wrote the correct doctor’s name/address down and the correct name and address for the Hospital. Yet in the Tribunal’s recent letter they mention a doctor’s name I have never heard of and get the name of the hospital wrong as well. Berry Berry Strange, IMO.
 
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thestickman:
…Berry Berry Strange, IMO.
Could be that now your case will be before a more sympathetic group of people…hmmm?😃
 
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OutinChgoburbs:
Could be that now your case will be before a more sympathetic group of people…hmmm?😃
I dunno about that. The Monsignor who sent me the letter from the tribunal seemed very adamant regarding the proofs he says he needs in order to go to the hearing phase.

I haven’t spoken about my other witness–who*** did*** have 1st hand knowledge of some of my bad behavior. This person lives in my area, is happily married and no longer lives her life as she did in years past. I know she received the questionaire and filled it out, sent it in. However, what’s puzzling to me is the fact she could attest to my horrid behavior without implicating herself–keeping in mind, I have no clue what the questions on the questionaire were. I just asked her to answer what she could and be honest.

I should have mentioned her earlier. Sorry, my thinking has been discombobulated since getting the letter from the Tribunal Saturday.
 
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Shoshana:
Code:
discom…what???:eek:
Discombobulated! Great word…meaning “mess up!” I think it’s a slang term…

I’m glad this thread was started. I’ve started my annulment process in the diocese, and I’m just praying to God that things will work out. I’m not sure if my witnesses (I had to provide 4) will be able to corraborate the accounts I stated in the questionnaire, but I’m hoping that the jist of the truth will be enough to see that there was enough evidence that the marriage was entered without full knowledge and consent. 👍
 
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Tonks40:
Discombobulated! Great word…meaning “mess up!” I think it’s a slang term…

I’m glad this thread was started. I’ve started my annulment process in the diocese, and I’m just praying to God that things will work out. I’m not sure if my witnesses (I had to provide 4) will be able to corraborate the accounts I stated in the questionnaire, but I’m hoping that the jist of the truth will be enough to see that there was enough evidence that the marriage was entered without full knowledge and consent. 👍
Code:
When my sister went through the process (she has just received it), my priest told me to find a common thread before and after the marriage. In her case, she was abused physically, mentally, sexually and spiritually.

God bless you during this process and may he grant you peace…
 
Canon 1679 addresses the plight of those who cannot present testimony from qualified witnesses to the facts prior to or at the time of consent that corrobrate their statements: “Unless full proofs are present from other sources, in evaluating the depositions of the parties in accord with can. 1536, the judge is to use witnesses regarding the credibility of the parties, if possible, as well as other indications and aids.” (* 1983 translation)

Dignitas connubii, art. 180 elaborates: “§1. Confessions and other judicial declarations of the parties can have probative force, to be evaluated by the judge together with the other circumstances of the cause, but the force of full proof cannot be attributed to them, unless there are present other elements of proof that entirely corroborate them (cf. can. 1536, §2). §2. Unless full means of proof are present from other sources, the judge, in order to evaluate the depositions of the parties, is to use witnesses to the credibility of the parties, if possible, in addition to other indications and helps (cf. can. 1679).”

This canon is a new one and did not appear in the 1917 code. It represents an important shift in thinking about the parties. In the prior code, they were, de facto, suspected to be lying. This is not longer the case, but their testimony must be corroborated in some way, in this case by others affirming how trustworthy they are.
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thestickman:
Deacon told me that I at least needed 2 witnesses who could confirm they knew my ex-wife and I were married.
That’s just wrong. The civil document of a marriage certificate or an annotation in a baptismal registry is sufficient for that, possibly even a divorce decree. The proof that a marriage took place would be established by a public document (canon 1541). Only in the absence of a public document would a tribunal turn to witnesses to establish a public fact in this kind of uncertain matter.

thestickman said:
“If the exwife doesn’t respond to the questionaire it will be handled as it would in any civil court. You sue someone, they don’t respond or show up for court they lose, you win.”

Not only is this wrong, but it borders on a Church version of malpractice. The object of a marriage case is to determine whether or not the presumption of a valid marriage can be overturned by applying the law and the facts in the conscience of the judge. The judge must have moral although not absolute certainty. There is no such thing as a decree of nullity simply because the respondent does not participate in the case.
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thestickman:
I am fortunate in I have a priest who’s working with me now and he’s only been at it for 50 years or so. His reccomendation is to accept the fact there are no willing or knowledgeable friends or relatives on either side who are going to help. His focus is now on getting the medical records in the hands of the Tribunal.
He should also be aware of the use of credibility witnesses. I advise both parties, petitioner and respondent, to have a competent procurator and advocate. A party does not have to be stuck with a poor one, and may replace that person with someone else who is qualified for that function.

The cooperation of witnesses is a critical point so there can be corrobration. It is advisable for witnesses to retain a copy of their testimony if it is written for a time. If lost in transit or misplaced, it can be re-sent.

Sometimes they do not return their testimony for one reason or another, but lie to the petitioner because of embarrassment. We encourage petitioners and advocates to speak with witnesses and make sure they will cooperate once they receive the communication from the tribunal. I would also confirm what OutinChgoburbs wrote about. This is not an unknown phenomenon.

I must say though, that “full knowledge and consent” can be misleading. The law requires adequate knowledge which is proportionate to the serious weight of marriage, which is a contract of the whole of life and for life. Consent either exists or it does not. Perhaps this is overly nuanced, but should be made clear.

Finally, in part, determining the capacity to assume the essential obligations and duties of marriage does require looking at circumstances after the ceremony as well. This is also true when other grounds for nullity are examined.
 
cameron_lansing,

Thank you so much for taking the time to write such a lengthy and detailed post. I want to give you and everyone else who’s posted an update.

I met with Father this morning and he read the letter I received from the Tribunal. He pointed out several defects in basic english and logic in the letter. Together, we determined the big issue is the error(s) regarding the aquisition of my medical records and once that’s corrected things should again resume moving forward. He’s also going to look into the possibility of pointing out to the Tribunal of additional grounds for a declaration of nullity that are there as well.

I am very grateful to have this man on my side!
 
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thestickman:
cameron_lansing,

Thank you so much for taking the time to write such a lengthy and detailed post. I want to give you and everyone else who’s posted an update.

I met with Father this morning and he read the letter I received from the Tribunal. He pointed out several defects in basic english and logic in the letter. Together, we determined the big issue is the error(s) regarding the aquisition of my medical records and once that’s corrected things should again resume moving forward. He’s also going to look into the possibility of pointing out to the Tribunal of additional grounds for a declaration of nullity that are there as well.

I am very grateful to have this man on my side!
Thanks for the update…many care 🙂
 
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