Originally Posted by Abba View Post
[1]My understanding is that for a marriage to be annulled both partners need to be aware of the process.
[2]I don’t think that the Catholic Church would give an annulment to one person without nofitying the other.
[3]When someone petitions for a decree of nullity, the Tribunal will attempt to notify the other party but if he/she cannot be located the process will still go ahead.
Re 1, 2, 3: the parties are notified supposedly to give the respondent a chance to answer, but see next paragraph since response is moot without jurisdiction of the tribunal. The request for response is in practice only to make less work for the tribunal so as to avoid appeal of the decree should the respondent learn later that it was granted without knowledge of the respondent. Hence, it is purely self-serving that the tribunal notifies the other party.
A more important legal issue here is jurisdiction. If the respondent is not Catholic, then the Church is attempting to gain jurisdiction over the respondent. (Even the legalistic term “respondent” implies that person must answer any tribunal court mail.) In fact the tribunals flaunt their court-like characteristics with prelates signing letters as “Judicial Vicar” and “Judge” as if the poor respondent will end up in court with a traffic fine if the paperwork goes unanswered.
For a respondent over which the arrogant tribunal is attempting to gain jurisdiction, the best practice is not to play. If the respondent does not open the mail, photocopies the face of the letter, marks “Unsolicited - Refused - Return to Sender”, and mails it back (no postage required), then the tribunal is effectively foiled as far as the respondent is concerned.
Tribunals typically wheedle, beg, and cajole respondents for some reply because, again, it makes it easier for the tribunal to do less paperwork by avoiding an appeal based on a “service of process defect”.
If the tribunal is unscrupulous or stupid enough to send more US Mail, as they usually are, then the respondent may repeat the process above. Armed with two photocopies of the letter faces, the respondent could enter the nearest civil court of jurisdiction to seek a temporary restraining order against the tribunal for harassment by the US Mail.
The tribunal cannot lamely argue that the respondent never told them not to keep sending mail, because “Unsolicited - Refused - Return to Sender” means exactly that.
Usually a temporary restraining order is granted, and a court date is set for a hearing to determine if the order should become permanent. Depending on the court, the respondent may need to contact the tribunal with notification of that court date.
However, the last thing the canon lawyers in tribunals want is to join the respondent at such a civil court hearing for a permanent restraining order because the tribunal officials are not really civil lawyers (even though they speak and write a good imitation) and would have to engage local legal counsel to represent them. This is not to mention the potential bad press if a reporter finds out that the Catholic Church is wasting money on defending against restraining orders that beat up on divorced people.
The upshot of this is that tribunals typically act as bullies, even though they sign their letters as “assuring you of our willingness to help”, because they send letters by US Mail to look like civil legal process.
Also, petitioners should know that tribunals will make comments in letters to intimidate, harass, or bully with guilt, depending on the mood of the prelate writing the letter. For example, if one of the parties was Episcopalian, then the parties should expect verbiage in the letter saying unkind things about Episcopalians, as if all current or former Episcopalians condone same sex unions.
In some areas, Catholic laity are in such rebellion against this nonsense that: 1. forgeries of decrees are bought and sold; and 2 the dishonest situation that follows.
Catholic A and Catholic B, both divorced, want to get married and live in Diocese 1. Catholic A petitions for annulment in Diocese 2. Catholic B petitions for annulment in Diocese 3. Catholic A and Catholic B go to Diocese 4 and are married as Catholics without impediments. Catholic A and Catholic B return to Diocese 1 and quietly cohabit as man and wife, waiting for paperwork from Diocese 2 and Diocese 3, and keeping all Dioceses at arm’s length during the process so that no one Diocese knows about any other. Will Catholic A and Catholic B go to hell for this? Let’s let Jesus say on Judgment Day, but I say very probably NOT, and it could even make Jesus laugh because He has a sense of humor above and beyond the Saducees in tribunals (whose mouths Jesus refers to as whited sepulcheres (painted out-houses)).