Is annulment just "catholic divorce"?

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I’ve been through an annulment.

Getting an annulment is by no means a trivial process.

The amount of work that the tribunal puts in to each case (at least in my diocese) is unbelievable.

They gather very detailed depositions from the spouses and witnesses identified by both spouses. They spend as much time as it takes to get information from anyone and everyone that can provide evidence in favor of or in opposition to the annulment. (In my case it took 1 1/2 years to gather all of the pertinent information because of hesitant witnesses. My ex-wife refused to participate in the process because she didn’t think Church should have any influence on her decision to end the marriage.)

The marriage then got a trial. One cannon lawyer argued the case in defense of the marriage, one in favor of an annulment. In the end, I was granted an annulment and my ex a conditional annulment.

It could have easily cost thousands of dollars in lawyer time to handle this case. The dioceses asked for a voluntary donation of $150 to cover the cost of postage. Not even that cost was required of me.

Before going through the process, I was convinced that my marriage was valid. The evidence uncovered during the annulment process, however, convinced me otherwise.

It became clear to me that neither my ex-wife nor I had been capable of making a Sacramental marriage commitment at the time of our marriage. As hard as it was for me to admit to myself, God was simply not part of our lives and we had been married for all the wrong reasons.

That said I was more than willing to “make” our marriage a sacramental marriage for the sake of our Children. It takes three, however, to make this happen and my ex didn’t care to participate.

The key here is whether or not the parties involved were capable of making a Sacramental commitment at the time of their marriage. A “real” marriage is relationship of three, not two. It is a bond between man-woman and God. Too many people keep God out of the equation.

The only “simple” grounds for an annulment, which I know of, helps illustrate the point. For a marriage to be sacramental both of the spouses must have been baptized. If the Christian God is not part of each individual’s life, then how can He be part of the marriage?

Assuming both spouses were baptized at the time of the marriage, then it doesn’t matter whether you were married in civil court, by a Buddhist monk, in a Baptist Church, or in a Catholic Church by a priest. Your marriage is assumed valid unless proven otherwise.
Steven Merten:
I know a guy who had his five previous marriages annulled and his wife had her four previous marriages annulled before they got married.
Now this is where I get on my soapbox.

I think the Church (every local parish) should enforce at least a 6-month waiting period before they marry anyone and a formal professionally led discernment process should be required.

I’m assuming that these marriages were not all Church marriages, but if the Church allowed these folks to get married again; I hope they enforced one heck of a discernment process.

People change, I have no doubt, but if someone was granted an annulment for 4-5 marriages, I certainly hope it was a conditional annulment. I.E. The conditions and state of life that allowed the annulments to be granted must have been demonstrated to change before another marriage is ever allowed.
Steven Merten:
I read where a man left his wife for his mistress. He was getting an annulment through the Church so he could marry his mistress. The wife begged the Church to let God’s commandment against adultery stand and protect her from the wickedness of adultery. She said possibly her husband will repent from his sin of adultery and come back to her and she will forgive him. The bishop told her that the pronouncement that her marriage, of many decades and five children, was nothing but garbage was none of her business./QUOTE]

Some how I doubt that a Bishop would say it was none of her business, but that aside, if she chose to fight the annulment, it can be appealed all the way to Rome and must be reviewed by a tribunal there before the annulment will be granted.

Chuck
 
this question of whether or not you’re truly married when you get married is really bothering me. it’s a good point, alan. how many people are living in sin thinking that theyre married? anyone have figures on the number of US annulments prior to Vatican II and after VII?
 
well, I feel a little better now. I just did some “google”-ing on annulments in the church and most of the stuff i came across made the point that only the American Catholic Church is granting such extremely large numbers of annulments.

You may wonder why this makes me feel better. I’ll tell you: because I’m so used to our branch of the Universal Church being so hetereodox compared to the rest of the world. Whenever I see some disgusting abuse at Mass, it comforts me to know that it’s mainly an American (and western europe, but theyre anohter story) problem. See, in places where people love their Catholic faith (like Africa) and the bishops (like those in Africa) actually do their job right, you dont see thousands upon thousands of annulments.

In fact, I found many articles saying that our beloved Holy Father John Paul addressed the extreme rates of annulments in the American Cathoilic Church. Many officials in the Vatican have accused the American tribunals of a “divorce mentality” when granting annulments. I’d have to say I agree.

So, rest assured, our Church is the One True Church. It has problems (especially in america and western europe) but God will see it through. Those who carelessly grant annulments will have to answer to God for their evil.
 
Steven Merten:
If Church proclaimed annulments are equivalent to contraception then Church proclaimed annulments are the Church practicing mortal sin. Is this what you are saying?
No, I do not wish to judge the Church on this. She does what she believes she has to do.

What I am saying is that if any given marriage, if researched, can turn out never to have happened, then if you believe in annulment that means that when you get married you really don’t know whether you are or not. From a psychological point of view, the new being which was supposedly formed at the ceremony is now declared not to exist. Maybe it’s more like abortion than contraception.

What part of “what God has joined, let no man separate” do we not believe? We should say, “what God may or may not have joined because the studies are not yet complete, let no man separate if in fact there are being so joined.”

Maybe the priest should say, “I now tentatively pronounce you man and wife.”

This calls into question the meaning of the wedding ceremony itself since the validity of the sacrament is subject to second guessing.

Alan
 
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AlanFromWichita:
I don’t find the distinction of deciding, after the fact, that a marriage didn’t exist, very impressive.

Logically, this implies that at any given wedding ceremony you really don’t know if God has joined you or not.

That turns a sacrament into an exercise in wishful thinking. “Yes, we witnessed a Catholic wedding yesterday. I wonder if it’s going to result in a marriage?” Who needs a sacrament if you don’t even know if you got it?

Alan
You are right. If the parents and the Church do their “job” the two people receiving the Sacrament of Marriage would without a doubt know that they have received a Sacrament that cannot be disolved. Then even if the Marriage breaks down after 10 or so years because of external forces they know that there is no point in starting an Annulment investigation because their Mariage was valid. Many marriages however are intentionally entered into knowing that they are invalid.
 
“The only “simple” grounds for an annulment, which I know of, helps illustrate the point. For a marriage to be sacramental both of the spouses must have been baptized. If the Christian God is not part of each individual’s life, then how can He be part of the marriage?”

My marriage is a Sacramental Marriage. I was not baptized when I married my husband (a Catholic). We were married in the Catholic Church. He received the Sacrament just fine. Then as soon as I was baptized (2year later), I also had that Sacrament.
 
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AmberDale:
on a side note- I don’t appreciate the attack. It felt like cavalier was literally taking a sharp pointy object and jabbing it in my eye. I just want to understand it.
Don’t take it personally. Many people don’t know how to discuss their beliefs without getting defensive – or offensive. When people are learning new things or having old things challenged, for some reason they are prone to get emotional. The emotions put up a bit of a wall so that others can’t get too close.

Alan
 
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UKcatholicGuy:
this question of whether or not you’re truly married when you get married is really bothering me. it’s a good point, alan. how many people are living in sin thinking that theyre married? anyone have figures on the number of US annulments prior to Vatican II and after VII?
If one believes that the Marriage is valid and has no idea that it may not be is not committing any sin. I saw somewhere that in 1958 there was 500 Annulments granted in the US and in 1998 there were over 50,000.
 
Br. Rich SFO:
If one believes that the Marriage is valid and has no idea that it may not be is not committing any sin…
But what if you suspect that there was lack of judgmental discretion and reflection concerning matrimonial rights and duties at the time of the marriage. Then would you be committing a mortal sin by enjoying the benefits of marriage?
 
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UKcatholicGuy:
is annulment just a catholic divorce? i know it’s not divorce; it’s declaring that a marriage never happened. but it seems like it’s pretty darn easy to get a marriage annulled. it kind of bothers me. also, why are they so expensive?

please help with my questions. thanks and God bless.
i can only speak for me… i know three couples that attempted to gain a declaration of nullity, two suceeded, and one didn’t…
The two that suceeded took over 2 years to obtain, the one that was denied, was notified of the denile in approx 16 months… so again, i can only speak from limited experience… i guess 2/3rds were able to obtain their annulments, but it was not “pretty darn easy”.

some mention the increase in annulments in the United States, and I guess I am one of the few that isn’t surprised… of the last 4 weddings that I have personally attended, i wouldn’t have given you 2 cents for 3 of the 4 couples making it… they put on a good enough show to meet the minimum standard for marrying in the church, and I am sure it’s done for daddy… but, 3 of the 4 couples were just immature babies in love with the idea of marriage… i saw no real understanding or committment of what the sacrament is all about…

so when they do grow up, i will have no doubt that they will be able to convince a tribunal that their marriage was not made in heaven…

IMHO
 
Can you tell me what qualifies to get a marriage nullified? What does this mean? That the marriage never happened? That the marriage was not a Christian marriage? What makes qualifications?
 
I read where a man left his wife for his mistress. He was getting an annulment through the Church so he could marry his mistress. The wife begged the Church to let God’s commandment against adultery stand and protect her from the wickedness of adultery. She said possibly her husband will repent from his sin of adultery and come back to her and she will forgive him. The bishop told her that the pronouncement that her marriage, of many decades and five children, was nothing but garbage was none of her business.
That’s a very touching story, but the amont of years or children won’t make marriage valid and sacramental if it has never been so in the first place and the afterwards sin of adultery has no bearing on the validity and sanctity of marriage, either. Forgiveness is not an issue, as well. What the woman was asking from the bishop was forcing her husband to convalidate the marriage. No one has such an authority. She was pulling the sixth commandment on the bishop as if the marriage had been valid, but the commandment against adultery doesn’t protect invalid marriage any more than it protects a premarital arrangment. Perhaps her marriage was actually valid because of other reasons, but not because of the reasons she gave. If the marriage had actually been valid, the tribunal would have done a greater evil for separating her from the husband with whom she spent so many years and had children. But, as I said, the marriage would have to have been valid, in the first place.
Through annulment the Church is persecuting those God gave the commandment against adultery to protect.
If a couple of men caught you at night with a woman, assumed you had sex and forced you to marry her against your will, would you still feel bound by the seventh commandment against seeking for the marriage to be declared null? What if a crafty hunter got you in a state of reduced awareness? What if a hysterical woman emotionally blackmailed you into marriage? Still the sixth? In my opinion, the sixth protects against such “marriages”.
If we don’t think a person is mentally capable to take on vows, then maybe we should not marry them in the first place.
Agreed. But if the ceremony has already taken place, do you think they should still be bound by the words of the oath? What’s more important: the words or the substance? The appearance or the substance of the sacrament?
Or, we just admit that we are a glorified legal system and call a divorce a divorce. We agree with the law to call our offering “marriage” after all. We just don’t like to think we are delivering the same faulty product.
Admitting things and making statements may be true for civil laws, but marital canon law deals with a sacrament. There’s no place for admitting anything. The only thing which is important is whether there had been a valid oath or not.
The question never comes up to the tribunal unless it didn’t work out, and you can’t tell me the tribunal members don’t have a personal interest in the outcome, can you?
Well, with that sort of approach we aren’t getting anywhere.
If you were a lawyer on a tribunal, would you not keep searching until you either found a “loophole” or were convinced you had exhausted all practicable options? If not, then the tribunal really isn’t functioning right.
If I were the defensor vinculi, I wouldn’t rest till I found all the facts which could speak for the validity of marriage and would take no BS from those claiming invalidity. If I were the promotor iustitiae, I wouldn’t rest till I gathered all facts speaking against the validity and wouldn’t suffer any of them dismissed without proper examination. If I were the judge, I wouldn’t let myself be strayed by earnest wishes of people desperately wanting to reclaim their freedom or to keep the presumed spouse at all costs regardless of the reality of the sacrament.
Yes, but then that creates the problem of not knowing whether any given marriage is valid unless it has been thoroughly and expensively researched.
Even then, our knowledge is as good as our facts. But marriages are presumed valid until proven otherwise. Contrary to what some priests, theologians, apologetists, counsellors and others might say, I believe this doesn’t mean that people should preferably not investigate their reasonable doubts if they want to stay together.
 
If it takes a team of lawyers to figure out whether the marriage is valid, then how can a person possibly be held responsible for having sex on the basis of their marriage might not be valid.
The person cannot be held responsible for presuming the marriage to be valid and having sex. But the person can be held responsible for having sex in marriage when having a reasonable doubt about validity, even if the marriage actually turns out valid. I’m not saying that I know for sure that people who cling to their hopes that the marriage is valid and have sex before the verdict comes are sinning. But, personally, I would abstain. Also, if there’s doubt and people want to stay together, all it takes is to obtain conditional validation by conditionally repeating the consent.
It brings us back to the truth that I’m not sure you embrace, that annulment is “discovered” as a result of an attempt at marriage that didn’t work out. In effect, we are saying, "it didn’t work out so let’s go hire a search time to find out how we can claim our marriage never happened.
An invalid marriage is hardly supposed to work out. Just look on the impediments which can make your attempt at marriage unsuccessful. If a marriage works out, it’s most likely blessed by God.

Next, in my very humble personal opinion, if someone meets a sexier person and goes to the bishop to have his marriage “annulled”, it actually shows pretty well that the said person doesn’t have a faint idea what marriage really is and most likely married invalidly.
Sounds like a game to me. A very dangerous game that we have learned to take seriously.
Lawyering loopholes with the purpose of getting the marriage declared null rather than actually investigating the truth is playing a dangerous game and those who play it put their salvation at risk.
That’s exactly my point, too. Moreover, if the marriage is objectively invalid, but both parties are clueless to that fact when they make their vows, then how does any couple know whether their vows actually mean anything at the time they take them? They could be led into satan’s trap and fornicate on their wedding night, not realizing they are actually unmarried. I say let’s not call them fornicators, but remember when Christ said, “Lord forgive them for they know not what they do.”.
They aren’t sinning for having sex in a marriage presumed valid. You can’t be trapped into sinning against your will. There can be no sin without your will involved. The potential for sin starts when the assumption is reasonably challenged. However, even if they aren’t personally sinning, we can’t really say it’s a good thing that they have sex in something which isn’t marriage, either.
Marriage is a union which brings life to a new creature. Annulment is latent contraception. Divorce is abortion.
No. Using those terms, contraception would be forcing someone to stick to an invalid marriage. Abortion would probably be declaring a valid marriage invalid. The marriage God wants for His faithful is a valid sacramental marriage. I need to point out again that there is no such thing as annulment and no marriage can be nullified. It can only be discovered null but not retroactively made null. The marriage is not valid until declared null. It is only presumed valid until declared null. If declared null, it has never for a moment been valid.
 
I find it incredible, that after five children and decades of marriage, there was never any question of an invalid marriage, until the husband finds himself a younger sexier girl. In other words, the marriage was consdiered valid up until that point in time???
This is the teaching of the one, true Church???
Please read the whole discussion before replying. It was pointed out before that “annulment” doesn’t annul anything. Marriage can’t be cancelled. Invalid marriages have never been valid. They only appeared valid but they weren’t valid for a single second. Someone whose marriage is declared null has never been married for a second in his life.

Also, someone who finds himself a younger sexier girl and leaves his wife may well be incapable of contracting marriage validly because of personality disorders. It should be examined if he intended faithfulness at the moment of vowing it and if he had had the faculty to make such a vow.
If someone is married outside of the Church, like a court, it’s easier to have the marriage nullified?
You can’t have a mrriage nullified. Marriages are examined for validity since the beginning. The deciding point is the contraction of marriage - whether the contraction was valid or not. Annulment in that sense would indeed be divorce. However, the Church doesn’t invalidate marriages. She only declares them invalid. The statement only declares the marriage invalid, doesn’t make it so.
The husband is Catholic, the wife doesn’t know what she believes. They are both consenting adults, get married at the courthouse. Have 2 beautiful kids. After a few years decide it’s not a good marriage. (wife is crazy). They divorce.
Man meets wonderful new woman. They decide to get married. Both adults, both Catholic. Get first marriage nullified. have marriage in the Church. Live happily ever after.
According to the Canon Law there has been no valid marriage in the first place because Catholics are required to marry in a specific form for validity. However, it can be dispensed and sometimes there is a general dispensation in a place, so every attempt at marriage must be examined by the tribunal. If the kids are beautiful or ugly doesn’t have any bearing on the validity of marriage.
this question of whether or not you’re truly married when you get married is really bothering me. it’s a good point, alan. how many people are living in sin thinking that theyre married? anyone have figures on the number of US annulments prior to Vatican II and after VII?
People don’t live in sin if they can reasonably presume that they are married. They may be living in sin, in my opinion - although many theologians may disagree, if they don’t investigate a marriage which they know can be invalid and don’t get a (conditional) convalidation, either. Especially if people don’t examine their marriage for fear of finding out it’s null and having to split up, they may be and probably are sinning if they have sex.
In fact, I found many articles saying that our beloved Holy Father John Paul addressed the extreme rates of annulments in the American Cathoilic Church. Many officials in the Vatican have accused the American tribunals of a “divorce mentality” when granting annulments. I’d have to say I agree.
That’s correct and I agree, too. Too many declarations of nullity look like real annulments. All too often tribunals are bothered by the fact that the marriage didn’t work out rather than the reality of the sacrament. They are humans and they may be susceptible to the pleas of someone wanting to free himself from an unfaithful wife, abusive husband etc or don’t want to be alone or don’t want to let go of the presumed spouse (which is a sign that perhaps they don’t realise what marriage is, which only makes an argument for invalidity).
Those who carelessly grant annulments will have to answer to God for their evil.
Yes, and that’s why I pray daily for all people involved in marital cases before church tribunals.

By the way, those who uphold a previous invalid marriage as valid and prevent two loving people from joining their lives will have to answer to God for that, as well.
 
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chevalier:
Also, someone who finds himself a younger sexier girl and leaves his wife may well be incapable of contracting marriage validly because of personality disorders. It should be examined if he intended faithfulness at the moment of vowing it and if he had had the faculty to make such a vow.
You might be right, but that is just toooo convenient.
You can’t have a mrriage nullified. Marriages are examined for validity since the beginning. The deciding point is the contraction of marriage - whether the contraction was valid or not. Annulment in that sense would indeed be divorce. However, the Church doesn’t invalidate marriages. She only declares them invalid. The statement only declares the marriage invalid, doesn’t make it so.
Then she must neither validate marriages, but only enable them when the priest say, “I now pronounce you man and wife.”

As far as the civil marriages, though, I still don’t understand why it has to be declared null. Does the Church ever recognize a civil marriage as valid, and if so then what they do before their wedding is blessed cannot be called fornication, right?
If the kids are beautiful or ugly doesn’t have any bearing on the validity of marriage.
LOL! That kid certainly didn’t come from MY side of the family!
That’s correct and I agree, too. Too many declarations of nullity look like real annulments. All too often tribunals are bothered by the fact that the marriage didn’t work out rather than the reality of the sacrament. They are humans and they may be susceptible to the pleas of someone wanting to free himself from an unfaithful wife, abusive husband etc or don’t want to be alone or don’t want to let go of the presumed spouse (which is a sign that perhaps they don’t realise what marriage is, which only makes an argument for invalidity).
That’s another thing I want to know. Jesus specifically allowed divorce in the case of marital infidelity. Why doesn’t the Church?

Alan
 
AmberDale said:
“The only “simple” grounds for an annulment, which I know of, helps illustrate the point. For a marriage to be sacramental both of the spouses must have been baptized. If the Christian God is not part of each individual’s life, then how can He be part of the marriage?”

My marriage is a Sacramental Marriage. I was not baptized when I married my husband (a Catholic). We were married in the Catholic Church. He received the Sacrament just fine. Then as soon as I was baptized (2year later), I also had that Sacrament.

Amber, a person who is not baptized cannot contract a sacramental marriage. A marriage of a non-baptized person is a good and natural marriage only. Your marriage was validly contracted, but not sacramental.
 
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UKcatholicGuy:
this question of whether or not you’re truly married when you get married is really bothering me. it’s a good point, alan. how many people are living in sin thinking that theyre married? anyone have figures on the number of US annulments prior to Vatican II and after VII?
An annulment does not mean a marriage did not exist, only that it was not sacramental. Marriage is a natural state, non-Christians can contract valid marriages that are good and natural marriages. Baptized Christians may or may not have a sacramental marriage. However, the marriage is presumed to be valid, and I think you’re bordering on excessive scrupulosity to worry about it as you have indicated above.
 
To all those quibbling about whether one is sinning by having marital relations when one is unsure about the validity of their marriage, and one person mentioned something about while waiting for the “verdict”, here is an important point:

MARRIED people do not apply for decrees of nullity. A prerequisite to a tribunal investigation into a marriage is a DIVORCE.

Honestly, the entire concept of good and natural marriage, sacramental marriage, and the nullity process is quite complex. I do highly recommend Michael Smith Foster’s book on annulments-- it goes into extensive detail on all these topics.
 
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1ke:
Amber, a person who is not baptized cannot contract a sacramental marriage. A marriage of a non-baptized person is a good and natural marriage only. Your marriage was validly contracted, but not sacramental.
No, my marriage is a sacramental marriage. My husband, who was baptized, received the sacrament of marriage.
I asked the priest. For my husband, at the time, it was a sacrament for him. I wasn’t Catholic, I didn’t really know what sacraments were. But for my husband, he DID receive the Sacrament of Matrimony.
As soon as I was baptized, I too had a sacramental marriage. My husband had recieved the Sacrament the day we were married. Since we were married in the Church, my baptism then makes me have that Sacrament also.
Thus I do not need to get re-married into the church. I asked the priest, I wanted to make sure.
You can’t tell me that my husband, who has always been a faithful Catholic, missed out on the Sacrament of marriage becaue I was never baptized. It wouldn’t have been his fault that I wasn’t raised Catholic, and God chose me as his wife. That wouldn’t make any since. That is why we got married in the Catholic Church. So he would have the Sacrament and be in Communion with the Church.
 
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AmberDale:
No, my marriage is a sacramental marriage. My husband, who was baptized, received the sacrament of marriage.
I asked the priest. For my husband, at the time, it was a sacrament for him. I wasn’t Catholic, I didn’t really know what sacraments were. But for my husband, he DID receive the Sacrament of Matrimony.
As soon as I was baptized, I too had a sacramental marriage. My husband had recieved the Sacrament the day we were married. Since we were married in the Church, my baptism then makes me have that Sacrament also.
Thus I do not need to get re-married into the church. I asked the priest, I wanted to make sure.
You can’t tell me that my husband, who has always been a faithful Catholic, missed out on the Sacrament of marriage becaue I was never baptized. It wouldn’t have been his fault that I wasn’t raised Catholic, and God chose me as his wife. That wouldn’t make any since. That is why we got married in the Catholic Church. So he would have the Sacrament and be in Communion with the Church.
I agree, your marriage is a sacramental marriage now that you are baptized. I disagree that it was sacramental while you were not baptized. By definition, a sacramental marriage is between two baptized persons-- see both Canon Law and the teaching of the Church (CCC). Your marriage was valid by virtue of the dispensation granted to your husband to enter into the marriage, but it was not sacramental. Only a marriage between two baptized persons is a sacrament.
 
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