Divorce/Annulment

[Karen_Maria]

I have been divorced for 25 years. My husband at the time had multiple infidelity issues. After 10 years from our divorce, he sought an annulment. I never received notice or was contacted to express my thoughts or concerns during the annulment process. My questions are, why was this process one-sided and do I have access to this annulment document other than a letter stating that my marriage had been annulled?
PS We were married for nearly 15 years.

 

[lizaanne]

I have been divorced for 25 years. My husband at the time had multiple infidelity issues. After 10 years from our divorce, he sought an annulment. I never received notice or was contacted to express my thoughts or concerns during the annulment process. My questions are, why was this process one-sided and do I have access to this annulment document other than a letter stating that my marriage had been annulled?
PS We were married for nearly 15 years.

Contact the Tribunal in the Archdiocese where he filed and see what they can provide to you. We can not answer that question for you, it is up to the Tribunal and your specific case.

The length of the marriage is irrelevant in the Nullity process. The Tribunal only investigates if a valid marriage took place at the altar the day you were married.

~Liza

 

[1ke]

I have been divorced for 25 years. My husband at the time had multiple infidelity issues.

I am sorry that your husband was unfaithful to you and his marriage vows.

After 10 years from our divorce, he sought an annulment. I never received notice or was contacted to express my thoughts or concerns during the annulment process.

The nullity process consists of opportunity for testimony from both spouses as well as witnesses. It is not required that both participate, but both have the opportunity.

My questions are, why was this process one-sided and do I have access to this annulment document other than a letter stating that my marriage had been annulled?

If this happened 15 years ago, did you contact the diocese at the time you received the notices?

You would need to contact the diocesan offices to discuss the situation and facts surrounding the case with them. Most diocese have a website and you can look on there for the phone number and contact name for the Tribunal office.

Call the tribunal office and speak to them.

PS We were married for nearly 15 years.

The length of a marriage does not have any bearing on its validity or nullity.

 

[Just_Lurking]

Were you married in the Catholic Church?

 

[Karen_Maria]

The nullity process consists of opportunity for testimony from both spouses as well as witnesses. It is not required that both participate, but both have the opportunity.

I was never given the opportunity to give my side. I never received a questionnaire, form or telephone call, etc. from the tribunal. The only thing I received was the final letter from the tribunal stating the annulment was granted.

 

[Karen_Maria]

If this happened 15 years ago, did you contact the diocese at the time you received the notices?

I didn’t receive any notices whatsoever from the diocese/tribunal.

 

[Karen_Maria]

Were you married in the Catholic Church?

Yes.

 

[Just_Lurking]

Yes.

Then you should have been contacted at the beginning of the process. This may be grounds for overturning the annulment, should you want to do that for some reason.

 

[Karen_Maria]

Then you should have been contacted at the beginning of the process. This may be grounds for overturning the annulment, should you want to do that for some reason.

Can you think of some reason why I shouldn’t? Is my marriage really annulled at this point even though it was granted? That sounds weird asking that.

 

[Just_Lurking]

Can you think of some reason why I shouldn’t? Is my marriage really annulled at this point even though it was granted? That sounds weird asking that.

My understanding is that your marriage is really annulled at this point, and you would have to take positive action with the tribunal to have the annulment overturned.

Can. 1620 A sentence suffers from the defect of irremediable nullity if:

1/ it was rendered by an absolutely incompetent judge;

2/ it was rendered by a person who lacks the power of judging in the tribunal in which the case was decided;

3/ a judge rendered a sentence coerced by force or grave fear;

4/ the trial took place without the judicial petition mentioned in ⇒ can. 1501 or was not instituted against some respondent;

5/ it was rendered between parties, at least one of whom did not have standing in the trial;

6/ someone acted in the name of another without a legitimate mandate;

7/ the right of defense was denied to one or the other party;

8/ it did not decide the controversy even partially.

Can. 1621 The complaint of nullity mentioned in ⇒ can. 1620 can be proposed by way of exception in perpetuity and also by way of action before the judge who rendered the sentence within ten years from the date of the publication of the sentence.

Can. 1624 The judge who rendered the sentence deals with the complaint of nullity. If the party fears that the judge who rendered the sentence challenged by the complaint of nullity is prejudiced and therefore considers the judge suspect, the party can demand that another judge be substituted according to the norm of ⇒ can. 1450.

 

[Karen_Maria]

7/ the right of defense was denied to one or the other party;

Thank you so much for the well informed response. I’m just wondering if based on what was obtained for the annulment without my (name removed by moderator)ut, was there fair and balanced information to grant an annulment, therefore, is my marriage justifiably annulled?

 

[Just_Lurking]

Thank you so much for the well informed response. I’m just wondering if based on what was obtained for the annulment without my (name removed by moderator)ut, was there fair and balanced information to grant an annulment, therefore, is my marriage justifiably annulled?

It is kind of weird that you weren’t contacted at the beginning of the annulment process. However, aside from that, there is no reason to automatically suspect the result of an annulment just because only one person chose to participate. From your OP, it sounds like your ex-husband had plenty of psychological problems of his own that he could prove without requiring your testimony.

 

[Lampo]

Are there reasons why she shouldn’t pursue it? What if the ex-husband has since married?

 

[Just_Lurking]

Are there reasons why she shouldn’t pursue it?

Certainly there is no problem with her requesting the records of the tribunal to learn more about what was said to obtain the annulment.

However, she should only file to overturn the annulment if her desired outcome is that her first marriage should be judged to be valid.

What if the ex-husband has since married?

He’ll get a letter in the mail saying that his annulment was overturned. What he does next is up to him.

 

[BKulash_eski]

Married for 40 years I think is what you ment, a divorce does not end a valid marraige, I am guessing from your bringing up the cheating that you have not forgiven him completely. My question to you is do you want the marraige to be valid? Perhaps you initiated the divorce, and a dicision of nullity is what you were truely seeking.