[EDITED] Don't like Annulments: What is your desired Goal?

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I feel like I keep :banghead: in pointing this out but it frustrates me when I see everyone point the finger at no-fault divorce with minimal / no additional examination of this assumption. Although, admittedly, were it not for no-fault divorce I probably wouldn’t be alive today to sit here and argue with you all, extolling the virtues of no-fault divorce, so that’s probably coloring my opinion a bit. 🤷 What can I say? I like being alive.
I’m thankful you are alive as well.

I live in a no-fault divorce state. I still had to wait 6 months for my divorce to be final. What it meant for me was that I didn’t have to endanger my safety by having to expose him and his actions in court. I thank God for that. I also thank God for my prior bond decree of nullity.
 
Hmmm I guess that speaks a lot to different people having different experiences. My own experience is that a lot of people think adultery is grounds for annullment, which it is not, and are too quick to move for divorce rather than to seek reconcilliation. Thanks for the other view.
I, too, have met a few people who think adultery is grounds for annullment, but not many. It really depends on who you know and their background. That’s why CAF is helpful to expand who we know. 🙂
 
You must mean something other than how I interpret this.
Maybe. Or maybe I’m wrong. It’s rare, but it happens. :cool:
I’m thankful you are alive as well.

I live in a no-fault divorce state. I still had to wait 6 months for my divorce to be final. What it meant for me was that I didn’t have to endanger my safety by having to expose him and his actions in court. I thank God for that. I also thank God for my prior bond decree of nullity.
I’m thankful you are alive, too. I’m thankful for all the women that are alive and safe because of no-fault divorce. No amount of finger-pointing at no-fault divorce will ever convince me otherwise.
 
I’m thankful you are alive, too. I’m thankful for all the women that are alive and safe because of no-fault divorce. No amount of finger-pointing at no-fault divorce will ever convince me otherwise.
Thank you. I still find myself looking over my shoulder. He called when he got the paperwork from the tribunal. It wasn’t pretty.
 
I feel like I keep :banghead: in pointing this out but it frustrates me when I see everyone point the finger at no-fault divorce with minimal / no additional examination of this assumption. Although, admittedly, were it not for no-fault divorce I probably wouldn’t be alive today to sit here and argue with you all, extolling the virtues of no-fault divorce, so that’s probably coloring my opinion a bit. 🤷 What can I say? I like being alive.
Look, I’m very sorry that you had to go through such a dangerous experience, and I’m glad that you were able to escape safely. But the majority of no-fault divorces have nothing to do with abuse. You may notice that I didn’t suggest getting rid of no-fault divorce, I just said it had a problem. No-fault divorce may be necessary, because of unusual cases. That doesn’t mean that, on the whole, its effects are good.

And just because someone doesn’t agree with you, it doesn’t mean they have not engaged in “additional examination of this assumption.”
Anyway, no one gets married with the expectation of anything less than forever. No one gets married without the intellectual understanding that there will be hard times. If you can find one couple that gets married with a different set of expectations and the idea that “oh well if things go too wrong we can always divorce,” I will happily stand corrected and yield my entire argument. No one lacks the intellectual understanding of what forever entails or that marriage is forever.
Sorry, time to yield your argument, unless you want to restrict it to Catholics. I have several sets of non-religious (or not-particularly-religious) friends who went into marriage with EXACTLY that expectation.

In any case, you don’t have to go into marriage with that expectation for my point to be valid. It was only a couple of months into my marriage before the thought crept into my mind, and before marriage, I would never have expected it.
What IS lacking is: 1) an understanding of unhealthy vs. unhealthy relationship dynamics and 2) the skills required to create a healthy relationship (i.e. be the spouse you want to be married to).
I can see your passion about this issue, but I’m afraid I disagree. Not all relationships that lack “unhealthy dynamics” are good relationships. People are just a lot more complicated than that. Not all marriages break up because of “unhealthy dynamics.” What about a man who has sex with another woman? I mean, sometimes it can be the result of “unhealthy relationship dynamics,” but sometimes he’s just horny, and doesn’t think his wife will find out. It’s important to distinguish between being abusive and just being self-absorbed.

Anyway, there is more to a relationship than mere health or lack thereof. “Healthy” relationships can be distant; people can grow apart; people can have not been well suited in the first place. The fact that a relationship isn’t close doesn’t make it “unhealthy” in the sense that term is usually used (and which is the sense in which you appear to be using it). Not every bad relationship is abusive. Not even psychologically.

And #2 appears to consist of scripted interactions. There is NO one technique that works in every situation, and TV shows are not a great place to judge the success of a particular technique, since you don’t know the people, and you can’t see how long any change really lasts. “Reality” TV isn’t real.
On the other hand, I see far too many people cough including me 10 years ago cough who are determined to stick it out forever because marriage is sacred (and it is!) with no concept of UNhealthy relationships. These people tear themselves apart emotionally trying to forgive abuse; sometimes these people end their marriages as an act of self-preservation, and sometimes these people never leave and end up a tortured, twisted excuse for a human being. Is no-fault divorce responsible for these, too? :rolleyes:
What a strawman. I said, the problem with no-fault divorce is “that it creates a mindset in marriage from day 1 that ‘well, if things go too wrong, we can always divorce.’”

Somehow you have twisted this into my desiring someone to remain in an abusive relationship until she is “a tortured, twisted excuse for a human being.” What? Where the heck did that come from? Besides, apparently the existence of no-fault divorce doesn’t save them either, as far as I understand the point you are making.
You can club people over the head with canon law and the definition of a sacramental marriage all you want, but unless the above two things change, you will NEVER get anywhere. Relationship literacy needs to be an area of educational focus just as much as language literacy.
You can club people over the head with the need for no-fault divorce to protect people in that minority of cases where abuse is involved, but that doesn’t make it an unqualified good.

In addition, understanding about how relationships work is a lot more complicated than you describe, and there are simply some things that can’t be taught–they have to be experienced. For example, I agree that it would be good for more young people to understand what the characteristics of an abusive relationship are. It would be good if people could be taught this in the home and the church growing up.

However, that really isn’t going to help everyone, because one of the things that people always seem to do is assume that their situation is somehow special or different. “Yes, if these things are happening in a relationship, it usually means the relationship is abusive, but our case is different. He really loves me, and anyway it’s my fault, so this isn’t really abuse.”

I’m sorry to have continued with the off-tracking of this thread, but nothing you said invalidated my point. There is a problem with the culture of no-fault divorce, people (not in abusive relationships) do change their assumptions about what their options are because it exists, and people do try less hard to save a marriage because it is so much easier to just get out and start fresh.

If I had made the point that no-fault divorce should be abolished, you would have refuted that point. But that isn’t what I said.

–Jen
 
No-fault divorce has created a very damaged society with increases in various types of abuse to go with it. It has fueled the instances of abuse in society, not lowered them.

Abuse - real violence - however, is not the main reason for marriages falling apart. “No-fault” has got to go. Legal separations can - where they are available - provide for all the legal needs of abused women and children.

Even better, there is real help available for abused wives which - if followed - would help the abusers to become better people and the marriages not to fail, but be healed.


My goal is to see an end not only of “no-fault” divorce, but divorce itself, since it only permits remarriage etc. and that is a bad thing for marriage, family and the common good.

I would like to see, therefore, a severe reduction in annulments, down to what they ought to be - i.e. rare.

If a wife cannot live with her husband, she should remain alone (as per St Paul).
 
What I would like to see more of is a “normal” case where the person the code of canon law calls the innocent spouse is the one who is presumed to be in the right even if the other spouse is the petitioner.
I agree totally.

The plain fact of the matter (and this can be demonstrated if one is wise enough) is that the abandoning spouse (except in cases of violence etc) tells outright lies. S/he has no problem at all slandering the innocent spouse and making all kinds of outrageous, but not easily disproved statments. What an abandoned spouse has to go through is normally excruciating. The abandoning spouse tells lies either to cover up his/her sin or b/c s/he is delusional.

James said he is not sure if people would be the petitioner if they were the abandoning spouse and I’m sure that in many or even most cases the petitioner is the abandoned (innocent) spouse. I do know personally of one case where the abandoning husband (currently shacked up with his “fiancee” and as far as I know with no intention of marrying in the Church since he is not practicing the Faith) has applied for an annulment. Why? Because he is, as far as I can tell, simply psychotic and wants to punish his devout wife. He tried to tell me she was “abusive” towards the children and this was prt of why he had to leave. Never mind that he did not take them with him! Never mind that none of them wants to live with him or even have anything to do with him. His behaviour towards me (via FB) was deplorable. That was nothing compared to what he has put his poor wife through. Not very surprisingly, she is sick to death of him and his craziness, but I am still praying that God will heal their marriage. There are six children, dependent for their earthly happiness upon this union. Anyway, it might be fairly rare, but it happens. And the judges on the tribunals had better be wise as serpants, if gentle as doves, so that such petitioners do not deceive them.
 
To all who want waiting periods for annulments or for people who want the non-innocent spouse have greater burdens of proof- I disagree.

First of all, who exactly is an innocent spouse? You’d basically have a trial to determine who is innocent or guilty before doing an annulment? I mean, to protect people’s rights, it would have to be a trial and not some random priest or parish worker helping the people fill out the paperwork. And, oddly enough, it would look very much like an annulment trial 🤷 In a good number of cases, there are grounds on both spouses. Many do mutually contribute to the breakdown of the union for various reasons. The “abandoned spouse” may be so horribly messed up that he/she is impossible to live with, and the abandoner might be great except that he/she had married with the intention against children. Again, no point in “determining” an innocent spouse here because in all fairness (canon 220) there should be a trial…

Second, do you realize that formal annulment trials take a long time to complete? There is ample opportunity for reconciliation if that’s what you’re really after. The process generally takes 1-2 years if an affirmative is reached, and much longer if it goes to the Rota. Remember, each party has the God-given **right **to know their status in the Church. It already takes a long time and the Pope urges the Tribunals to speed things up because it is fundamentally unjust to take forever to come to a decision. Isn’t that interesting? He wants it to be speeded up, whereas those of you who talk about divorce and reconciliation seem to want the spouses to wait forever to figure out their status. People always have the right to know their status. Their moral condition does not matter. They have that right.

Lastly, if one is in an invalid union, they have the right to determine whether to convalidate/sanate it, or leave. If they are single, they need to do some real discernment as to what their next step should be vocation-wise. Please don’t judge those who choose not to marry or “marry” their consort even if they had children together. It is their God-given right. Period. Please don’t shame people who are filing for an annulment. It is their right of Divine Law. Please don’t shame people who choose not to convalidate a civil law marriage. It is their right to choose whom they marry if they marry! Get after all the people who separate and civilly divorce for frivolous reasons, but for those who are in objectively invalid marriages, they don’t need all the quotes from the Popes and people to avoid divorce- those writings are directed towards people who frivolously divorce!!!

Thanks for listening.
 
The problem is not with the annulment process… The problem is people who willy nilly disobey or ignore or are ignorant of the Church’s laws on marriage. A good many annulment cases are of reverts, mixed religions, or RCIA candidates. Many didn’t know the truth about annulments because of the myths that are propagated in Catholic circles. For crying out loud, do you think that divorced Catholics reading this thread would feel encouraged to figure out their status? I think one of the kindest things to do for a divorced Catholic is to raise the possibility of both reconciliation and an annulment. They can make their decisions, but they should be **informed **decisions. These decisions shouldn’t be made on too much bias like there’s too many annulments granted. Sure there are lots… but there are lots of people who do marry invalidly thanks to our environment!!! Do you really think that the Rota is going to overturn an affirmative decision based on the years of the woman refusing to consummate? There are plenty of slam dunk cases. More than you can imagine.
 
An “innocent” spouse is one who has done nothing gravely wrong against the marriage - in short, who has done nothing serious enough to give just reason for a separation: e.g. criminal activity, ongoing adultery, violence… can’t think of anything else, actually. Most abandoned spouses have not done any of these things. Maybe they didn’t go enough housework…

All this “we don’t know who’s right or wrong in the marriage” agnosticism is garbage. Anyone with a modicum of wisdom can discover very easily who is at fault.
 
The real problem is with the veritable epidemic of people who just want to upgrade spouses. They should be actively discouraged from doing so.

People who are abandoned by their spouse should do what I and a few others are doing - and praying for them to come home.
 
An “innocent” spouse is one who has done nothing gravely wrong against the marriage - in short, who has done nothing serious enough to give just reason for a separation: e.g. criminal activity, ongoing adultery, violence… can’t think of anything else, actually. Most abandoned spouses have not done any of these things. Maybe they didn’t go enough housework…

All this “we don’t know who’s right or wrong in the marriage” agnosticism is garbage. Anyone with a modicum of wisdom can discover very easily who is at fault.
Sorry. That is not generally known until the full testimony has come into the Tribunal. The pastoral minister is only working with one person, the petitioner. He does not have the right to interrogate the respondent and get his side of the story. Plus, you are assuming that the abandoned spouses are women. In my experience, there are a lot of men who are abandoned. Once more, though, I point to the fact that justice is impartial. If we truly believe in the sanctity of marriage, in the freedom of people to choose their vocation, of the right of persons to know their marital status, of the right of persons to a fair trial, of the right of persons to make choices that are within morally correct parameters, then we must accept the fact that many times things will happen that we won’t like but are ultimately in accordance with the laws of God and the Church. No, we don’t like it that a porn addict gets hitched to his secretary and asks for an annulment. But, once he gets it (if it is a true addiction and stemming from before the marriage, etc.) and does his Church ceremony (because he has the God-given right to chose marriage), it’s more than likely he’s entered into an invalid union even though the presumption is that it is valid… So… The cycle continues. But, if we were to say that he couldn’t get an annulment, that’s denying a right. If we were to say that porn addiction is okay, we are denying the unity and good of the spouses of marriage. Etc.
 
No-fault divorce has created a very damaged society with increases in various types of abuse to go with it. It has fueled the instances of abuse in society, not lowered them.

Abuse - real violence - however, is not the main reason for marriages falling apart. “No-fault” has got to go. Legal separations can - where they are available - provide for all the legal needs of abused women and children.

Even better, there is real help available for abused wives which - if followed - would help the abusers to become better people and the marriages not to fail, but be healed.

narcissismcured.com

My goal is to see an end not only of “no-fault” divorce, but divorce itself, since it only permits remarriage etc. and that is a bad thing for marriage, family and the common good.

I would like to see, therefore, a severe reduction in annulments, down to what they ought to be - i.e. rare.

If a wife cannot live with her husband, she should remain alone (as per St Paul).
I did ask for people’s goals but I have to say I am thinking primarily their goals within the Church community.
Ending “no-fault” divorce and divorce in general is really more of a civil matter - at least in the U.S. and Australia…and many other countries…

St Paul tells us in 1 Corinthians that we are not to judge those on the outside…God judges them…
1 Cor 5:12-13
12 For what have I to do with judging outsiders? Is it not those inside the church whom you are to judge? 13 God judges those outside…
So civil divorce laws are of no concern to us in the Church as it relates to the topic of this thread…
The plain fact of the matter (and this can be demonstrated if one is wise enough) is that the abandoning spouse (except in cases of violence etc) tells outright lies. S/he has no problem at all slandering the innocent spouse and making all kinds of outrageous, but not easily disproved statements. What an abandoned spouse has to go through is normally excruciating. The abandoning spouse tells lies either to cover up his/her sin or b/c s/he is delusional.
I do not find this to be a “plain fact” and so I must not be “wise enough”…Of course I have no access to the kind of testimony and data that would allow me to make assessment based on this, nor do I have some special wisdom granting me insight into the hearts of people I have never met…If you do have such insight, such charism, I would hope that you make such gifts available to your local diocese.

Sorry for the sarcasm Louise but…🤷
James said he is not sure if people would be the petitioner if they were the abandoning spouse and I’m sure that in many or even most cases the petitioner is the abandoned (innocent) spouse. I do know personally of one case where the abandoning husband (currently shacked up with his “fiancee” and as far as I know with no intention of marrying in the Church since he is not practicing the Faith) has applied for an annulment. Why? Because he is, as far as I can tell, simply psychotic and wants to punish his devout wife. He tried to tell me she was “abusive” towards the children and this was prt of why he had to leave. Never mind that he did not take them with him! Never mind that none of them wants to live with him or even have anything to do with him. His behaviour towards me (via FB) was deplorable. That was nothing compared to what he has put his poor wife through. Not very surprisingly, she is sick to death of him and his craziness, but I am still praying that God will heal their marriage. There are six children, dependent for their earthly happiness upon this union. Anyway, it might be fairly rare, but it happens. And the judges on the tribunals had better be wise as serpents, if gentle as doves, so that such petitioners do not deceive them.
And I stand by my statement…There is an old adage in statistics that a single point does not make a trend. You provide a single point and then try to extrapolate from that single point some sort of trend or common thread…
You don’t take into account that in the vast majority of the cases where the abandoning spouse is non-practicing, or even has rejected the faith outright, this spouse will not bother to file for an annulment. Will not be seeking to punish the abandoned spouse…Will not care one way or the other. Rather, having received the civil divorce will simply go on his/her merry way with his/her life. THIS, IMHO represents the vast majority of cases.

But - none of the above really matters - without access to case files…It’s all anecdotal and useless in trying to arrive at any useful solution…

Peace
James
 
I only have a minute right now
you are assuming that the abandoned spouses are women
No, I’m not, although my quip about the housework might make it look that way. I was thinking of both men and women as being equally capable of abandoning their spouse.

James, I can only spare a minute. I don’t recall saying that cases like the one I referred to was common. Indeed, I thought I was at pains to say that it may be very uncommon. My main point is that it does happen and may need to be taken into account.

Gotta go…
 
James, I can only spare a minute. I don’t recall saying that cases like the one I referred to was common. Indeed, I thought I was at pains to say that it may be very uncommon.
I must have missed those “pains” you went to to say it is uncommon…perhaps you could point it out.

What I saw was this comment by you:
The plain fact of the matter (and this can be demonstrated if one is wise enough) is that the abandoning spouse (except in cases of violence etc) tells outright lies. S/he has no problem at all slandering the innocent spouse and making all kinds of outrageous, but not easily disproved statements. What an abandoned spouse has to go through is normally excruciating. The abandoning spouse tells lies either to cover up his/her sin or b/c s/he is delusional.
Sounds like a pretty generalized statement to me
This was then followed by the single example from your own life…

So like I say - I must have missed the part where you took pains to say that it was uncommon…
My main point is that it does happen and may need to be taken into account.
Gotta go…
And on what basis do you assume that it is NOT taken into account…

Peace
James
 
You don’t take into account that in the vast majority of the cases where the abandoning spouse is non-practicing, or even has rejected the faith outright, this spouse will not bother to file for an annulment. Will not be seeking to punish the abandoned spouse…Will not care one way or the other. Rather, having received the civil divorce will simply go on his/her merry way with his/her life. THIS, IMHO represents the vast majority of cases.

But - none of the above really matters - without access to case files…It’s all anecdotal and useless in trying to arrive at any useful solution…

Peace
James
This is my case pretty much. My husband was sleeping around with men and is out of the closet now. He not only doesn’t go to Church, he’s against the Catholic Church completely. He will not file for annulment–for what reason? He doesn’t see the Church as having any authority over him. For what it’s worth, he told me he was leaving and left.

I am the petitioner in my case. He doesn’t even respond to the letters the Church sends him as far as I know. They go right into the trash (and he thinks it’s all a joke).

Now, on paper… not only am I the petitioner, I am the plaintiff in the divorce. I filed for no-fault (separation wasn’t a strong enough legal status to protect me financially and make sure he paid child support). He was already acting shady and not paying his half of the bills… I had to do something. And yes, I talked to my priest first.

My state has fault divorce, but it’s very difficult to prove. My husband was never abusive, so there is no police record and unless I could get hard evidence of an affair (like by hiring a PI to follow and video tape him in a sex act–something I have no way to afford). I had no case. It doesn’t matter that he told me, it doesn’t matter what I saw, it doesn’t matter that I caught him in an embrace, the state doesn’t care about the gay porn I found or him marching in the pride parade, etc… anyone with half a brain could put two and two together–but legally, it was too weak of a case.

No fault was the way to go.

And for what it’s worth, no I am not dating… no I don’t have plans to remarry. I just want to know my status. It’s been over 2.5 years since he walked out the door–so it’s not a fast process at all.

The only regret I have about all of this is that I probably can’t have any more children. My husband didn’t want any, but we did have one. Then there was no marital relations for 8 years while I hung on to the marriage and tried to make it work. He left anyway, and now I’ve waited another 2.5. So even IF a decree of nullity is found, and IF I remarry… that ship has sailed I think.
 
I would argue that those saying that this is about upgrading a spouse and that one should have more of a burden of proof have had little dealing personally with this process.
 
To all who want waiting periods for annulments or for people who want the non-innocent spouse have greater burdens of proof- I disagree.

First of all, who exactly is an innocent spouse? .
In my thinking and based on many of the comments, I agree there is no way to determine the innocent spouse in many situations. When I was proposing a difference, I was really more thinking about the motivations regarding the annulment.

If one party has gone on to marry again, and of course that’s not a marrige in the Church, while the other party has not, they are coming to the tribunal from very different life situations. Same thing for the person who starts the process after getting “engaged” to someone new. Someone who has already moved on to his/her next life partner may not have the purest movitvations for obtaining a decree of nullity. Someone asked earlier if, in general, people are truly looking to determine if their marriage is valid or if they are just seeking permission to remarry. Does this motivation factor into the tribunals approach?

Regardless of who may have been the innocent spouse when they were living together as a married couple, the one that goes ahead and marries civilly is, at least objectively, committing a sin against the marriage.

As for the waiting periods, I absolutely agree with you. The sooner a person finds out about the validity, the better.
 
In my thinking and based on many of the comments, I agree there is no way to determine the innocent spouse in many situations. When I was proposing a difference, I was really more thinking about the motivations regarding the annulment.

If one party has gone on to marry again, and of course that’s not a marrige in the Church, while the other party has not, they are coming to the tribunal from very different life situations. Same thing for the person who starts the process after getting “engaged” to someone new. Someone who has already moved on to his/her next life partner may not have the purest movitvations for obtaining a decree of nullity. Someone asked earlier if, in general, people are truly looking to determine if their marriage is valid or if they are just seeking permission to remarry. Does this motivation factor into the tribunals approach?

Regardless of who may have been the innocent spouse when they were living together as a married couple, the one that goes ahead and marries civilly is, at least objectively, committing a sin against the marriage.

As for the waiting periods, I absolutely agree with you. The sooner a person finds out about the validity, the better.
Here’s a way of thinking about things… Let’s have only people with pure minds and hearts allowed to get married in the Church. If they are lusting and want to get married, let’s bar them.
 
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