Questions about annullment time frame

[lacoloratura]

Okay…I posted this a few minutes ago, and I got the “thank you for posting” message, but can’t find it anywhere on the boards! (including “my posts”). So, if this ends up being a duplicate, I apologize. Here’s the text of my original post (good thing I always copy the text before I send…).

---

I have been talking to people I know who have been involved with the process, as well as browsing the previous threads here, and have a few questions about the time involved with getting an annullment. Although I have not filed for divorce yet, I am 99% sure I’ll be doing so within the next few weeks. My marriage went wrong shortly after it began, but I’ve spent the last 5 years MISERABLY trying to work things out. At this point, if the divorce happens, I will not want to wait very long to get on with my life, since I’ve pretty much already gone through the grief involved with the ending of a marriage (since, practically, it ended long ago). I am a few months short of 31, and I definitely don’t want to wait much longer to begin a family!

So…

1. I’ve heard that the church makes you wait a year after your divorce to begin the annullment process. I assume this is in case you reconcile. In this case, there would be NO chance of that happening. Do they ever make exceptions to this rule?
2. Assuming that both spouses are willing to participate in the process, and there is nothing to get in the way, how long does the process usually take once begun? Anyone who’s been through it, please let me know.
3. We have excellent grounds for annullment, which I won’t detail here but I will say that we were advised by a priest AND a deacon not to get married in the first place…and we cheated on our marriage preparation. (There’s more, but that’s it in a nutshell). Does the process go faster if the issues are simpler, or is there a required time frame for each step of the process?

Thank you to anyone who can shed some light on this for me!

 

[Catholic2003]

1) I’ve heard that the church makes you wait a year after your divorce to begin the annullment process. I assume this is in case you reconcile. In this case, there would be NO chance of that happening. Do they ever make exceptions to this rule?

I’ve never heard of this rule. You can file as soon as you have a final divorce decree.

2) Assuming that both spouses are willing to participate in the process, and there is nothing to get in the way, how long does the process usually take once begun? Anyone who’s been through it, please let me know.

On the outside, six months to two years. Typically, nine months to a year and a half.

3) We have excellent grounds for annullment, which I won’t detail here but I will say that we were advised by a priest AND a deacon not to get married in the first place…and we cheated on our marriage preparation. (There’s more, but that’s it in a nutshell). Does the process go faster if the issues are simpler, or is there a required time frame for each step of the process?

This would still be a formal case, and would not go any faster. Documentary cases go faster, and lack of form cases go fastest.

Good luck!

 

[lacoloratura]

Catholic2003:

This would still be a formal case, and would not go any faster. Documentary cases go faster, and lack of form cases go fastest.

Good luck!

What is the difference between a formal case, a documentary case, and a lack of form case?

 

[lacoloratura]

Catholic2003:

I’ve never heard of this rule. You can file as soon as you have a final divorce decree.

On the outside, six months to two years. Typically, nine months to a year and a half.

This would still be a formal case, and would not go any faster. Documentary cases go faster, and lack of form cases go fastest.

Good luck!

 

[Joe_Kelley]

lacoloratura - I always recommend that people start the process as soon as possible.

As far as I know, a final divorce decree is taken as proof that reconciliation is not likely.

You are going to need testimony from witnesses. Memories fade, witnesses move away, etc.

The longer you wait the harder it is to get the proofs together.

 

[Catholic2003]

lacoloratura:

What is the difference between a formal case, a documentary case, and a lack of form case?

A lack of form case is when one or both of the parties is Catholic, but the couple did not marry in the Catholic Church (or obtain a dispensation).

A documentary case is when the nullity of the marriage can be proven via a paper trail that documents a clear-cut, unambiguous impediment. This shouldn’t happen for couples married in the Catholic Church, as the priest should check these things out before performing the ceremony. Thus, most documentary cases are for the annulment of the marriage of two non-Catholics. The most common documentary cause is “prior bond”, in which the other party was previously married and divorced, and did not have a Catholic annulment.

A formal case is when the grounds for annulment involve what was going on in the minds of the parties when they said “I do.” The most common formal case ground is “grave lack of due discretion”, which sounds like what you have.

 

[goldenautumnday]

“On the outside, six months to two years. Typically, nine months to a year and a half”

My sister’s annullment took 20 years. Another friend
required 15 years for her husband to get his annullment.
That same friend has now hesitated because the
length of time involved and the pain she expects to
go through. My brother believes she has a good case.

Paul

 

[maryprayforme]

It really depends on which diocese tibunal you go through too. My husband’s dissolution fell under 3 dioscese. It is the dioces in which the marriage was held, the one you live in, and the one where your parish is in. Our parish was a lilitary parish so he fell under 3 different jurisdictions. IF you have this situation then go with the smaller dioces and I totally agree - start sooner than later! It is a legthy process, but you may also find it to be a healing process as well.

 

[jrabs]

By the grace of God, I’ve successfully made it through this process.

The timeframe from start to finish is determined by several factors:

• the workload/business of your Tribunal
• How extensively your spouse participates. They may submit a rebuttal, thus making the process take longer. You may even decide to submit a rebuttal to his/her claim.
• How long your witnesses take to supply documentation.

My Tribunal told me that the witness documentation part can be the longest section because you are at the mercy of others. The paperwork they need to fill out can be difficult for them, and the procrastination factor plays heavy into this.

They recommended that I contact my witnesses, convey the urgency in completing the documentation in a timely fashion, and keep following up with them to gently nudge them along.

Expect this process to last from 6-18 months.

 

[Catholic2003]

goldenautumnday:

My sister’s annullment took 20 years. Another friend required 15 years for her husband to get his annullment.

That is a very long time. Were these under U.S. tribunals, under 1983 canon law, without opposition by the other spouse? Were the delays due to time required to gather the evidence (witnesses, etc.) or for the tribunal to come to a decision?

 

[goldenautumnday]

Catholic2003:

That is a very long time. Were these under U.S. tribunals, under 1983 canon law, without opposition by the other spouse? Were the delays due to time required to gather the evidence (witnesses, etc.) or for the tribunal to come to a decision?

I can not say for certain but we live in the U.S., so I’d assume US tribunals.
1983? Again here, I can not say.

In my sisters case, I double seriously that the other spouse opposed it. I
never heard any remarks to say that he did.

Again in my sister’s case, there was some changes to the personnel handling
the case and it "got lost’. So, that would lead me to believe that there may
have been delays in gathering the witenesses, etc. But, when my friend
indicated the same lengthy process it makes you wonder. She was unaware
of any delays.

I would like my friend to pursue this anyway. I think she’ll just have
to keep asking about it. The original poster might want to also.

We are now all waiting to hear when my sister plans to get married! :clapping:

 

[Br.Rich_SFO]

lacoloratura:

1. I’ve heard that the church makes you wait a year after your divorce to begin the annullment process. I assume this is in case you reconcile. In this case, there would be NO chance of that happening. Do they ever make exceptions to this rule?
2. Assuming that both spouses are willing to participate in the process, and there is nothing to get in the way, how long does the process usually take once begun? Anyone who’s been through it, please let me know.
3. We have excellent grounds for annullment, which I won’t detail here but I will say that we were advised by a priest AND a deacon not to get married in the first place…and we cheated on our marriage preparation. (There’s more, but that’s it in a nutshell). Does the process go faster if the issues are simpler, or is there a required time frame for each step of the process?

Thank you to anyone who can shed some light on this for me!

#1 Would be determined on a diocese by diocese basis. Nothing in canon law specifies a waiting period.

#2 A full process can take from one to three years, depending on case loads and complexity. The real answer is “it takes as long as it takes”

#3 The process is detailed and follows a step by step form. Filling out paperwork promptly, clearly and accurately and asking the witnesses do the same does help as well as providing documentation.