Questions on annullments

[joanofarc2008]

I realize this is a sensitive issue, but one where a person’s self-interest (or desire to believe that a loved one’s situation has to solved by annulment) can often cloud objectivity.

A modest suggestion: some 300 of these were granted per year before the Council.

Now in America 60,000 per year is not unusual. There are two possibilities: an explosion of suddenly null marriages in a few short years; or lots of declarations being handed down for less than honest reasons, in a desire to be “kind” to people whose marriages failed in worldly terms.

And 60% of annulments world-wide occur in the US, a highly disproportionate number.

The problem stems not from a sudden surge in people contracting invalid marriages,but in a re-definition of grounds for nullity. Where the old Code of Canon law recognized that it is very easy and natural to contract a binding marriage, the new Code gave all kinds of new-found obstacles to being able to contract a binding marriage:

Lacks sufficient use of reason;
Lack of discretion regarding the rights and duties of marriage and the way to hand them over;
Lack of psychological stability to assume the obligations of marriage (see Canon 1095, §§ 1,2,3).
These changes were recognized by the CLSA which acknowledged that
So, if a spouse marries, but later becomes abusive, unloving, or neglectful, viola!
Or a tribunal, using its discretion, invokes the extremely vague rubric of “sufficient” reason or “lack of discretion” to annul a marriage.

Only the wilfully blind would not concede that there is too much ambiguity built into the new Code, too much discretion given to the tribunals, who naturally are moved by “pastoral circumstances” (i.e., a party’s desire to re-marry) to find nullity where none exists.

No wonder our Protestant friends chuckle when we talk about our opposition to divorce, when they see such liberties taken with our Catholic marriages.

My point is simple: given these facts, and a person’s infinite capacity for self-delusion and justification, one should approach a tribunal for a declaration of nullity with a great deal of humility and considering that God knows the truth of the matter, no matter what a tribunal might be convinced to do.

You are overlooking two things: a) the progressive change in society such as contraception that made people less formed overall for the Sacrament of Matrimony and therefore unable to consent and b) the number of decrees of nullity that were decades old that were filed now that the process became more available to people financially and pastorally.

 

[tominrichmond]

Oh, I’m sorry, I thought the specific advice was to reflect seriously before God whether you actually had grounds to seek an annulment, because if a sacramental marriage took place 36 years ago, a tribunal’s declaration of nullity is just a piece of paper with no reality, and a person ***objectively speaking ***is not free to act as if they are not married, simply because a very fallible tribunal has issued a decree.

Exercize of great care and caution, finding an entirely orthodox spiritual advisor, and examination of one’s conscience before undertaking an annulment process, is, I thought, practical advice given the devalued view of marriage in some tribunals in this country. The Holy Father has certainly noted the problem of tribunals too freely declaring nullity, referring to it on several occasions.

As to the notion that now, suddenly in the modern era, and apparently only in the Church in this country, we’ve discovered that all these marriages are void, and there would have been 60,000 annulments pre-Vatican II, if only the Church had realized the true state of marriage… wow, just amazing. For 2,000 years the Church found little grounds ever to declare marriages null, but our superior modern wisdom has now discovered the truth that existed all along but was never noticed before?

That’s exactly what I mean by hubris and self-interest blinding one to reality.

 

[1ke]

reflect seriously before God whether you actually had grounds to seek an annulment,

This is prudent advice.

because if a sacramental marriage took place 36 years ago,

This is not relevant to nullity.

a tribunal’s declaration of nullity is just a piece of paper with no reality,

This is not true

and a person ***objectively speaking ***is not free to act as if they are not married, simply because a very fallible tribunal has issued a decree.

And this is most certainly false.

As to the notion that now, suddenly in the modern era, and apparently only in the Church in this country, we’ve discovered that all these marriages are void, and there would have been 60,000 annulments pre-Vatican II, if only the Church had realized the true state of marriage… wow, just amazing.

You fail to acknowledge some very important items:

1. Huge numbers of Catholic marrying outside Catholic form. Huge numbers. These marriages are de facto invalid. Very few Catholics did so in days past.
2. Non-Catholics petitioning for decrees of nullity to enter the Church or marry a Catholic. These are a large portion of cases that did not exist in days past.

You clearly have a chip on your shoulder, and I don’t think it is helpful to the OP in any way. The OP has been *abused *by her spouse. She may or may not have evidence that her marriage was invalid. She has a canonical right to petition and have her marriage examined.

 

[Joe_5859]

I would just say I do not think it is appropriate to take this thread where a brand new CAF member is asking her personal question and turn it into a venue for airing one’s dissatisfaction with the current state of nullity decrees. That discussion would be better suited for a separate thread organized around a general question.

And I would reiterate to the OP that the best first step is talking to your parish priest. Or if you don’t feel comfortable doing that for whatever reason, you could contact the diocesan Tribunal office directly. If you need help finding that contact information, feel free to PM me with the name of your diocese and I will look it up for you. You can file your request for annulment either in the diocese you were married in or the diocese in which you currently reside (if they are different).

 

[puzzleannie]

Ummm, you should not even remotely consider an annulment unless you have some As to children, no, it is true no judgment of the Church is made about them, but if a decree of nullity issues, the Church is legally proclaiming its judgment that you were not married. Draw your own conclusions about what that means with respect to the status of your children.

this and the rest of this post is completely inaccurate, unhelpful and not a healthy guide for someone facing this dilemma. The person to talk to as always is your parish priest. The general advice on the general situation you get on a site like that is just that general, and will not speak to your personal needs as each marriage situation is unique.

If you want a discussion of marriage and annulment issues this is not that thread, it is a thread for a specific need of a specific person, of whom no one here is qualified to judge much less make accusations of sin for pursuing what is a right in canon law, namely the appeal to the tribunal of her diocese. The liturgy and sacraments forum is where you can find all the critique of the Church process for annulments. OP is asking a family life question.

 

[joanofarc2008]

I would just say I do not think it is appropriate to take this thread where a brand new CAF member is asking her personal question and turn it into a venue for airing one’s dissatisfaction with the current state of nullity decrees. That discussion would be better suited for a separate thread organized around a general question.

And I would reiterate to the OP that the best first step is talking to your parish priest. Or if you don’t feel comfortable doing that for whatever reason, you could contact the diocesan Tribunal office directly. If you need help finding that contact information, feel free to PM me with the name of your diocese and I will look it up for you. You can file your request for annulment either in the diocese you were married in or the diocese in which you currently reside (if they are different).

Its already been reported as uncharitable hoping the mods will get involved.

 

[tominrichmond]

Hmmm, yes, I guess if presenting cold facts and logic are “uncharitable” then by all means, banish away.

As I said, I know it’s a sensitive topic, but the hysterical reaction to my posting demonstrates my other point that self-delusion and the desire to have one’s way will dominate anything, even reasoned discourse.

 

[dallas]

I had good grounds for an annulment 30 years ago. But, I still cant find myself free to remarry in my mind and in my heart I was always free from that first marriage. I keep thinking about the vows I had taken without really knowing what I was doing at the age of 15! If at the age of 15 I knew it was until death do you part, then now more so (annulment or not) there’s no getting away from it.

 

[mmr8356]

I received a letter about 2 months ago, Jan2, that stated they acts have hereby been published and I have 2 weeks to respond if I wish to view or add any more information. Then the letter says the judge has selected the following grounds for this annulment: Grave lack of discretion of judgement on the part of the petitioner.

So that was about 2 months ago what is the next step and what did that letter mean?

Have they decided to annul it on these grounds and it is now just waiting to be sent to the other diocese? Or are they still waiting to make the decision in the first diocese?

Anyone know what this means?

 

[joanofarc2008]

The publication acts are an opportunity for both the petitioner and responder to look at all testimony and respond if they feel it is necessary. At this point no decisions have been made. After 15 days the case will go forward. Then it will be reviewed for decision in order. We do have a group that answers these kinds of questions and provides support as well if you are interested here on the forum. The link is in my signature block.

 

[Sunbreak]

Annulment doesn’t affect the status of children.
Costs for annulment vary depending on the archdiocese. In Seattle, for example, the fee for the a regular case is listed as $500. In Detroit, there is no fee at all as it is totally covered in that archdiocese by the annual archbishop’s Catholic appeal.
One thing to keep in mind is that you may be able to file in an archdiocese other than the one you live in now. The Archdiocese of Detroit, for example, states on its website:
“The following is a list of the places that can consider the application and might possibly be able to formally accept it: The tribunal of the diocese in which the marriage was celebrated. The tribunal of the diocese where the respondent has a permanent residence or part-time residence. The tribunal of the diocese where the petitioner has a permanent residence, provided that both people live in the same Conference of Bishops (i.e., usually determined by international boundaries) The tribunal of the diocese where most of the information is to be collected. Any tribunal can help a petitioner to determine what court has the proper competence.”

 

[Christy_Beth]

When I applied for my annulment, I never got to see what my ex said about it. The one thing I do know is that about 1 year after I applied, it was granted. I had once read that I should be allowed to read what my ex and others wrote. But the woman who was in charge of helping get the process started at the time said she had never heard of this. I later got to thinking about it, and decided that it would NOT be in my best interest to see what anyone else wrote. My ex spent years beating me up verbally. I didn’t want, or need, any more of that. Not even if it meant me being able to respond to whatever it was that he said. And I’m sure he said plenty.