Decree of Nullity- Ligamen

[RKGsearch]

After discussions with a dear friend, I am looking into the Catholic faith (having been baptized in the Protestant faith as a child). My marriage of 14 years is disintegrating due to my husband’s refusal to deal with some depression and other issues that he refuses to acknowledge. Ours is his third marriage (the first 2 ending in divorce, and both women are still alive) and my first. We are both Protestant. We live in Tennessee.

It has become important to me to get some answers about whether my situation would qualify as a Documentary Case under Canon 1085 (Ligamen) as I would desire a Decree of Nullity if I proceed with conversion. Certainly, a documentary case that does not require a formal trial would be ideal as I would prefer that to a trial on other issues that might also qualify.

 

[1ke]

It has become important to me to get some answers about whether my situation would qualify as a Documentary Case under Canon 1085 (Ligamen) as I would desire a Decree of Nullity if I proceed with conversion.

The answer to this question lies with your local tribunal. You will need to submit your case. We cannot answer this question.

While, in general terms, you appear to have the makings of a Ligamen case there is no certainty without examination of all facts.

There are facts that must be established, including whether or not his first marriage was her first marriage, baptismal status of each party, etc. The fact that he has multiple prior marriage attempts is a complicating factor in a ligamen case.

Documentary proof is necessary AND testimony/cooperation of your ex (who is not your ex yet, actually) and HIS exes. And, you cannot even submit a case while still married to him.

Call for a sit down appointment with a competent canonist in your diocese.

I hope you will consider converting to the Church with or without a possibility of nullity-- the Church holds the truth and I would hope you would want to join her regardless of your freedom to marry in the future. I also, of course, hope that you can sort out your marriage situation and be declared free to marry in the future.

 

[Honour]

Documentary proof is necessary AND testimony/cooperation of your ex (who is not your ex yet, actually) and HIS exes.

It was my understanding that the ex and his exs cooperation would greatly simplify the matter, but is not necessary…that a tribunal may be able to make a decree based on documentation and witness’s statements without the cooperation of the respondents or co-respondents. Is this not true? I just want to be clear because sometimes it makes a huge difference in the petitioner’s hope that the matter can be resolved.

 

[1ke]

It was my understanding that the ex and his exs cooperation would greatly simplify the matter, but is not necessary…that a tribunal may be able to make a decree based on documentation and witness’s statements without the cooperation of the respondents or co-respondents. Is this not true? I just want to be clear because sometimes it makes a huge difference in the petitioner’s hope that the matter can be resolved.

For a full tribunal decree of nullity case, you are correct.

This is a ligamen case under discussion. Totally different animal. Ligamen does require cooperation and testimony of the respondent and co-resondent. There may be cases where facts can be established without resondent or co-respondent participation. But ususaly without it, the petitioner can pursue another avenue such as a full tribunal decree of nullity case.

See here:

archgh.org/?allowfull=true&id=755

 

[Honour]

For a full tribunal decree of nullity case, you are correct.

This is a ligamen case under discussion. Totally different animal. Ligamen does require cooperation and testimony of the respondent and co-resondent. There may be cases where facts can be established without resondent or co-respondent participation. But ususaly without it, the petitioner can pursue another avenue such as a full tribunal decree of nullity case.

See here:

archgh.org/?allowfull=true&id=755

Thank you, that is much more clear information that what I received when I submitted my case. I wonder if it varies by diocese? It seems like my case would be going absolutely no where fast according to these guidelines, as my ex is not responding, and no one knows where the co-respondent is. I was led to believe that her religion, baptism, first marriage, etc, could be verified through witnesses. I never thought about how to confirm she was living when I married my first husband. I have very clear grounds for a formal case…now I am wondering why not start there? My priest does not seem to be well versed in this stuff…I wonder if I should call someone at the diocese?

On another note…since i’m using terminology wrong…if a “confirmed” ligamen case does not result in a “decree of nullity”…then what is it called?

 

[maltmom]

When I was brought into the Church my civil divorce was final and I wasn’t in a relationship. I found out after I threw him out that he was married more times then I knew about. I immediately started working on getting certified copies of all marriage licenses and divorce decrees. I wanted all of the documents just in case I had to file for a formal decree instead of a ligamen. I completed the forms that my Priest gave to me. When I returned the forms I brought in all of the other paperwork. Needless to say, his jaw almost hit the table. I received my final decree in the mail exactly two weeks from the day he mailed the forms off. They didn’t contact my witnesses for his first marriage. I don’t think there was time for his first wife to respond. I know he didn’t. I actually know his first wife and I like her.

Your experience may not be the same as mine. My decree stated it was based on my testimony. Since my Priest had to write a narrative, I have a feeling he put in there that I had certified copies relating to all of his past marriages.

I will keep you in my prayers.

 

[RKGsearch]

Thank you for your (name removed by moderator)ut, Maltmom. Of course, I realize that every case is different, and to a large degree is directly influenced by the Priest shepherding you through the process, but your experience gives me hope! My situation differs from yours in that the number of marriages came as a surprise to you, but I have already obtained certified copies of his prior divorce decrees and am awaiting delivery of certified copies of the marriage certificates.

Thank you for your prayers- it is a very turbulent time in my life to be facing the impending end of this marriage, worrying about what I will have to go through until it’s all over, and looking at whether a change in faith is in the mix as well. I appreciate your thoughtfulness.