Does the respondent have to be notified in an annulment case?

[AZ_Skies]

Hello,

I’m hoping you’ll be able to she’d some light on an annulment question. I have a friend who at the age of 19 and pregnant married her boyfriend in Las Vegas. After a marriage of abuse and infidelity, they divorced and he went on to marry the woman he was having an affair with. Neither was Catholic and while she was baptized in a Protestant church, he was never religious and never baptized.

Fast forward several years later, she has met a wonderful man (a childhood friend of mine ) and decided that the Catholic Church was her home. We joyfully welcomed her into the church at Easter this year! Her baptism was considered valid and so she received the other Sacraments of Initiation. She has lived a pure relationship with her boyfriend and they are very very seriously considering engagement. However, much to their sadness, they have been told that she must go through an annulment before being able to get married in the church. While she has no problem filling out the paperwork, the problem lies in the tribunal wanting to contact her ex-husband. Based on her history with her ex husband, she is fearful of his reaction, his comments to their twins, and the physical and emotional abuse that he has shown before surfacing again. She has letters of protection from the courts that she even submitted to the Tribunal but they have said that unless they can contact her ex, they will not move forward with the process.

Could you point me to where it says in the canon law even if a person has a reasonable fear for their safety, an annulment cannot move forward without contacting the other party? Is an annulment even needed since her ex is not even baptized or subscribes to any faith? Do you have a good resource or site you recommend to read canon law and commentary? Any help or guidance would be very welcome!

Thank you and may God bless you and your ministry.

 

[Fr.Charles_Grondin]

She may want to raise the issue of a Petrine Privilege rather than an annulment, however both require the ex-spouse to be contacted.

Can. 1507 §1. In the decree which accepts the libellus of the petitioner, the judge or the presiding judge must call the other parties to trial, that is, cite them to the joinder of the issue, establishing whether they must respond in writing or present themselves before the judge to come to agreement about the doubts. If from the written responses the judge perceives it necessary to convene the parties, the judge can establish that by a new decree.

Can. 1508 §1. The decree of citation to the trial must be communicated immediately to the respondent and at the same time to others who must appear.

The annulment process does not require the petitioner and respondent to ever be in the same room at the same time. The annulment process can also take place without the ex ever knowing your friend’s address or contact information. However, she should make her legal and safety situation perfectly clear to the tribunal so that they can proceed with the utmost caution and care. This is most likely not the first time they have ever dealt with such a situation and they can most likely help you friend through the particulars of her case and work with her to assure her privacy and safety.

I also welcome any canon lawyers out there who might want to Private Message me more specific info…