Does it take TWO to file for an Annulment?

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donnyblake

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Can an annulment be granted if only one party files for it? I was told by a relative of mine that an annulment won’t be considered or reviewed if both parties don’t fill out the necessary paperwork. She said she tried to get one in the early 80’s but couldn’t submit the paperwork because her husband and his family refused to comply. This doesn’t seem right to me, because one party may refrain from doing it just out of spite or something petty. Please inform me. Thanks.
 
My understanding is that you can file, and the tribunal office will send the paperwork out to both parties. If one refuses to cooperate, while it may be more difficult, your situation can still be reviewed. The best thing would be to speak with either your priest, your tribunal field advocate if your parish has one, or the diocesan tribunal office.
 
KatieD said:
My understanding is that you can file, and the tribunal office will send the paperwork out to both parties. If one refuses to cooperate, while it may be more difficult, your situation can still be reviewed. The best thing would be to speak with either your priest, your tribunal field advocate if your parish has one, or the diocesan tribunal office.
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From what I have heard it is easier if the other party refuses to cooperate. That just means that they don’t file any evidence to prove the marriage valid. Yours will be the only evidence considered. Note I am not an expert. I am just repeating what I have heard. I heard it from good source, but could be misstating what they said.
 
I recently received an anullment. I didn’t even have the address or phone number of my former husband. In these cases an unobtrusive notice is posted in the diocesan newspaper in an attempt to notify the “husband” of the process and to attempt to solicit his (name removed by moderator)ut. In my case I knew that even if he had been contacted, my former husand would not cooperate. Do not allow people to frighten you regarding this process. After the initial paperwork and interview, really, all YOU do is wait. Do try to make sure your witnesses fill out the paperwork-- I think that can delay the process. Good luck.
 
donnyblake said:
Can an annulment be granted if only one party files for it? I was told by a relative of mine that an annulment won’t be considered or reviewed if both parties don’t fill out the necessary paperwork. She said she tried to get one in the early 80’s but couldn’t submit the paperwork because her husband and his family refused to comply. This doesn’t seem right to me, because one party may refrain from doing it just out of spite or something petty. Please inform me. Thanks.
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No this is not true.

One party may file for a decree of nullity. The tribunal will attempt to contact the other party, but the process can continue whether the other party is located or not and even if the other party refuses to cooperate or fill out any testimony.
 
Has the “policy” changed since the early 80’s? My relative said she had to have paperwork filled out by her husband’s parents and they refused to do that, therefore the papers were incomplete and she never filed. Thanks for the help.
 
It sounds like either something wasn’t explained properly to your relative or else it was misunderstood. I have never heard of a policy whereby the anullment cannot proceed because of papers not being filled out by a partner’s parents.

In any case, you will not encounter such a situation. Such an unequivocal demand is not part of the anullment process.

When you file for an anullment you will name “witnesses”-- optimally, people who knew you and your spouse before (or at the beginning of) your marriage. An anullent, in essence, states that either you or your husband, or both of you, did not have the ability to enter into a Catholic marriage at the time you were wed. These witnesses hopefully can support this claim and must do so in writing. BUT- the person filing for the anullment decides whom they would like to ask to be witness. The witness is under no obligation to cooperate, but does this usually to help out. There is no mandate on who may or may not be a witness-- except, of course, that they would have to have known both of you during the time in question. The church never demands that any specific person must give witness or testimony of any kind. Naturally, the person who files will have to fill out paperwork. I named four witnesses in my anullment; my sister, my cousin, a friend and my ex-husband’s cousin. My sister filled out the paper work right away. No one else did it for a long time and the church wanted to have more testimony than just me and my sister. After a while my friend sent in testimony and the anullment was granted. So only three people actually filled out papers: me, my sister and my friend. I do believe they prefer more than just two witnesses.

If you know a priest with whom you are comfortable please do discuss this with him. I would like to see your mind set at ease.

Pax et bonum
 
donnyblake said:
Has the “policy” changed since the early 80’s? My relative said she had to have paperwork filled out by her husband’s parents and they refused to do that, therefore the papers were incomplete and she never filed. Thanks for the help.
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no it has not changed since the 80s (although there were procedural changes in the 70s) it is much more likely that your relative misunderstood or failed to follow through and ask for more answers and help in her case, or that she got her information from someone not authorized or informed enough to explain the procedures. Which is exactly why it is important for anyone with an annulment issue to talk to their pastor, not come here with questions about a specific case.
 
Stay with it - don’t give up. When we had our marriage convalidated, my MIL refused to fill out the paperwork sent to her; she tore it up into pieces. We still went forward. One relative cannot stop you.
 
puzzleannie said:
no it has not changed since the 80s (although there were procedural changes in the 70s) it is much more likely that your relative misunderstood or failed to follow through and ask for more answers and help in her case, or that she got her information from someone not authorized or informed enough to explain the procedures. Which is exactly why it is important for anyone with an annulment issue to talk to their pastor, not come here with questions about a specific case.
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Wonderful information given and advice, even if you are not a pastor yourself!

Wow, please do not be frightened into asking questions here on this forum…This is the way that lay people try and help point our fellow brothers and sisters in Christ, towards the right area of information, or personal.

we are all here to learn…right?

Lana
 
quite right, but there is a limit to our competence and ability to help in this forum. what usually happens on annulment threads is a string of replies that are anecdotal and do not pertain to the OPs situation, or which are just plain wrong. we can related personal experience with annulment, which 90% of the time will not be helpful to OP. we can cite general church teaching, which may be helpful, but still wil not answer their specific question. The fastest way to help a sincere questioner who has their own dilemma is to refer them to the genuine source of help, their pastor.
 
Oh i definitely agree to cut the spiral off if it occurs, but the wordind was harsh and dismissive…this is only my oppinion, and no others.

not come here with questions about a specific case…as you spoke…

I can not help but see them feeling like the question was not valid nor the place…it then becomes hurtful not helpful.

Spoken from experience here…so i was a bit concerned, that is all, as we are here for each other first, and the modurator is there to discern direction i think.

However, i have to admit at concern for delivery impact to the person, but well inclined to say the advice being right on the mark. Good job!

Lana
 
Short answer is NO. Quite a few nullity cases proceed through the “system”. Cannon Law recognizes the fact that often one of the parties in a marriage nullity case will not respond, or be uncooperative. Obviously, I’m not qualified to advise you on Cannon Law, or marriage nullity procedures. Should you have any questions, and you probably will, I second the suggestion concerning contacting your Pastor for advice and guidance.
 
A note of caution. Not all priests are skilled in annulment procedures. They can help you a lot, but if you are unsatisfied with their answers go directly to the Tribunal for the final word.
 
My ex had absolutely nothing to do with the process and I was granted a declaration of nullity (in 2001). He did receive the paperwork and the decree, but never cared to participate. My petition took about 14 months to complete, but the Tribunal lost my paperwork for about a month, so that slowed things down a bit. :rolleyes:

~Liza
 
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