Who decides Annulments? [edited]

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Avery77

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I was just skimming some old posts about Confirmation and when an annulment is required, etc. I’ve had a heck of a time going through all that myself, receiving conflicting answers from different sources over the course of a year or so.

My question is this: In the end, who’s responsibility is it to judge a convert’s situation (what’s needed and when it’s needed by) and then make it known to said convert? Because I’ve seen one thing in literature and message boards online, heard another thing from our parish priest, and yet another thing from the Tribunal itself.

It’s quite daunting (and incredibly frustrating) for a newbie – especially when it comes to recalling intimate details of a past marriage for the umpteenth time.
 
I’m not sure of the question. Is the convert seeking confirmation or an annulment?
 
I’m not sure of the question. Is the convert seeking confirmation or an annulment?
Myself, I’m scheduled to be confirmed this Easter Vigil. My marriage had been messed up for years, and we would’ve split regardless of my eventual conversion to the Catholic faith. But the conversion sped up the process because in RCIA I was told I needed a civil divorce and annulment before I could be confirmed. Reason given: marriage has to conform to basic Catholic standards even if one spouse is not Catholic (my wife is not converting with me). Well it hadn’t met even basic Christian standards… ever.

Later, I contacted the Tribunal (after some reading done on here) and they said annulment was only needed if I planned to remarry in the Church at a later date. Well remarriage wasn’t on the horizon I said (and I’m not dating, of course, either – I know that’s a no-no before annulment is granted), so tribunal said Confirmation was a go, but they recommend starting annulment process now to make things easier down the road in case re-marriage comes up. So I started the process.

Two months later, Tribunal contacts me and says it wasn’t necessary to start process of annulment, why am I starting it, what’s the issue? I thought I had explained all that in the lengthy paperwork. Which I typed up on the recommendation of the Tribunal. After the priest suggested it. The priest who the Tribunal now says was wrong in recommending annulment.

Question then is where does the buck stop? Who has the ultimate authority to let me know what’s needed, when is was needed by, and how it affects Confirmation. I thought it was all up to the priest, but he deferred to the Tribunal, and the Tribunal then goes and contradicts itself.

If I didn’t believe that the Eucharist is the actually body and blood of Christ, I would’ve given up on all this a long time ago.

In the end, I believe I’m good to go because even though I am divorced with no annulment (as of this moment), I have not re-married or started dating or anything. But I don’t know. Last conversation with the person from the Tribunal left me confused, especially after they wondered why i was still living with my ex-wife. Answer: divorce only recently went through, and the economy stinks and we have no money. But the marriage and every privilege that went with it is gone. We’re roommates. What’s the problem? Is there a problem? I’m not sure. I’m not even sure anymore if the sky is blue or the earth is round. That’s how much they have my head spinning right now.
 
I don’t know about conversion, but I am a Catholic who is divorced. I do not have an annulment. I am not dating nor do I ever want to. I’m single for life. I’m not pursuing an annulment.

At this point, I am worried about my ex. Both he and I when married were not practicing Catholics, but we were in name only. I am truly afraid he is either dating or will get remarried and we are not annulled. I’m more scared for him.

As for me (or you) unless one is interested in actively dating or even thinks it is possible from this point on, I would voice that to the Tribunal. If you, like me, want to stay celibate for the rest of your life, then I don’t see a problem with not getting one.

Of course, I’m not an expert on annulments, even though I have volumes of books on the subject. Reading those books makes my head spin about as much as yours. :hypno:
 
When all is said and done, it is your decision.

If you would like the annulment to go ahead, then you have the right to insist that the tribunal make a determination of your marital status as viewed by the Catholic Church.

If you would like to join the Catholic Church without going forward without having an annulment, you have the right to receive all sacraments for which you are properly disposed, and being divorced does not affect your proper disposition.
 
Myself, I’m scheduled to be confirmed this Easter Vigil. My marriage had been messed up for years, and we would’ve split regardless of my eventual conversion to the Catholic faith. But the conversion sped up the process because in RCIA I was told I needed a civil divorce and annulment before I could be confirmed. Reason given: marriage has to conform to basic Catholic standards even if one spouse is not Catholic (my wife is not converting with me). Well it hadn’t met even basic Christian standards… ever.
Well, this is just downright crazy and 100% wrong.

Two non-Catholics with no prior marriages or divine law impediments validly marry one another. (Assumption: neither of you had prior marriages or divine law impediments like close kinship, etc) There is no need for a divorce or decree of nullity for you to enter the Church regardless of whether or not your spouse chooses to convert.

I don’t know what you mean by it never met “basic Christian standards.”

Whoever told you this should be reprimanded by the diocese for giving wrong information to an inquirer!!
Later, I contacted the Tribunal (after some reading done on here) and they said annulment was only needed if I planned to remarry in the Church at a later date. Well remarriage wasn’t on the horizon I said (and I’m not dating, of course, either – I know that’s a no-no before annulment is granted), so tribunal said Confirmation was a go, but they recommend starting annulment process now to make things easier down the road in case re-marriage comes up. So I started the process.

Two months later, Tribunal contacts me and says it wasn’t necessary to start process of annulment, why am I starting it, what’s the issue? I thought I had explained all that in the lengthy paperwork. Which I typed up on the recommendation of the Tribunal. After the priest suggested it. The priest who the Tribunal now says was wrong in recommending annulment.

Question then is where does the buck stop? Who has the ultimate authority to let me know what’s needed, when is was needed by, and how it affects Confirmation. I thought it was all up to the priest, but he deferred to the Tribunal, and the Tribunal then goes and contradicts itself.
The buck stops with the Tribunal regarding nullity/validity of marriages. But, I would ask why they have told you no decree of nullity is necessary.

There must be something that they know that you have not communicated here on this board.

There is nothing that is impeding your Confirmation.
 
Myself, I’m scheduled to be confirmed this Easter Vigil. My marriage had been messed up for years, and we would’ve split regardless of my eventual conversion to the Catholic faith. But the conversion sped up the process because in RCIA I was told I needed a civil divorce and annulment before I could be confirmed. Reason given: marriage has to conform to basic Catholic standards even if one spouse is not Catholic (my wife is not converting with me). Well it hadn’t met even basic Christian standards… ever.

Later, I contacted the Tribunal (after some reading done on here) and they said annulment was only needed if I planned to remarry in the Church at a later date. Well remarriage wasn’t on the horizon I said (and I’m not dating, of course, either – I know that’s a no-no before annulment is granted), so tribunal said Confirmation was a go, but they recommend starting annulment process now to make things easier down the road in case re-marriage comes up. So I started the process.

Two months later, Tribunal contacts me and says it wasn’t necessary to start process of annulment, why am I starting it, what’s the issue? I thought I had explained all that in the lengthy paperwork. Which I typed up on the recommendation of the Tribunal. After the priest suggested it. The priest who the Tribunal now says was wrong in recommending annulment.

Question then is where does the buck stop? Who has the ultimate authority to let me know what’s needed, when is was needed by, and how it affects Confirmation. I thought it was all up to the priest, but he deferred to the Tribunal, and the Tribunal then goes and contradicts itself.

If I didn’t believe that the Eucharist is the actually body and blood of Christ, I would’ve given up on all this a long time ago.

In the end, I believe I’m good to go because even though I am divorced with no annulment (as of this moment), I have not re-married or started dating or anything. But I don’t know. Last conversation with the person from the Tribunal left me confused, especially after they wondered why i was still living with my ex-wife. Answer: divorce only recently went through, and the economy stinks and we have no money. But the marriage and every privilege that went with it is gone. We’re roommates. What’s the problem? Is there a problem? I’m not sure. I’m not even sure anymore if the sky is blue or the earth is round. That’s how much they have my head spinning right now.
Avery77
As I read your post (for about the 4th time) I can see how someone might be confused by your situation and give you what would be the “correct” answer based on what you are describing, even though that’s not the actual situation.

Let me explain:
If I understand correctly, your situation is that you were married but are now divorced. You are seeking membership in the Church. You are currently living with a woman. Based on that information, yes, you would need an annulment and would need to have your marriage regularized before Confirmation. However, since the woman with whom you are living (and I mean those words literally, I’m not trying to imply anything) is also your ex-wife, that puts you into a rather unique situation. Most people would make the natural assumption that since you’re divorced you are no longer living with your ex-wife (after all, that’s usually how it works), but knowing that you are living under the same roof with a woman to whom you are not married would elicit the response that you need to have your situation regularized.

As to your direct question about who gets to make these decisions, here’s how that works:
First, the Church defines things in canon law.
Then, the local pastor interprets and applies that canon law within his own parish. He does so under the guidance of his own education, the policies of the diocese (which must be in harmony with the canon law), and the guidance of the diocese office of matrimonial concerns (whatever name that office might have in a particular diocese) and the marriage Tribunal (the “court”). Only the canon law gets to “decide” what needs to be done. Both the pastor and the diocese are interpreting and applying the law. So neither the priest, nor anyone at the diocese gets to decide what the rules are (for the sake of discussion, let’s not address the powers of governance that the bishop has because that can get us off on a tangent). The decision of the marriage tribunal always supercedes that of the local pastor, so when he deferred to them, he was doing the right thing.

Most people are applying for a declaration of nullity because they want to get married again, so it’s a natural question for the tribunal to ask you your reason for seeking an annulment (not just the legal grounds, but the reason). When someone at the tribunal noticed that you and your ex-wife have the same mailing address, that would certainly cause them to ask you why you would be submitting the petition. In fact, they would be negligent if they did not ask.

What I’m trying to explain in this lengthy post is that it seems to me that the reason you’re getting such different answers is that your situation is a confusing one, and rather unusual. I think that people are trying to give you the right information, but because things aren’t as they seem, the first answer you get might not be the correct one.
 
However, since the woman with whom you are living (and I mean those words literally, I’m not trying to imply anything) is also your ex-wife, that puts you into a rather unique situation. Most people would make the natural assumption that since you’re divorced you are no longer living with your ex-wife (after all, that’s usually how it works)
Yes, usually. But we’re flat broke. If she scrapes up enough money and also finds something affordable, she’s happy to move, and I’m happy to help her. Same thing on my end. But that’s not possible right now with our financial situation, which includes not only unemployment, but also a very sick parent (my father) who I’ve been helping take care of – both things are leaving little time and little money left over.

With all that going on, we said that until things settle down, we’d stick it out as roommates. Kind of like Laverne and Shirley, but without all the wacky misadventures, and one of us is a guy. Or actually, kinda like the Money Pit, after the big fight in the middle of the movie.
Most people are applying for a declaration of nullity because they want to get married again, so it’s a natural question for the tribunal to ask you your reason for seeking an annulment (not just the legal grounds, but the reason). When someone at the tribunal noticed that you and your ex-wife have the same mailing address, that would certainly cause them to ask you why you would be submitting the petition. In fact, they would be negligent if they did not ask.
Of course. What bothers me is that ALL of this was explained in the lengthy deposition I submitted to the Tribunal. I made mention in it that re-marriage was not on the horizon, etc. Someone had to have read that I would think. It feels like the right hand doesn’t know what the left hand is doing.

But hey, I know they try their best, and I’m not trying to beat up on anyone (honestly, I’m not. Just getting frustrated).
 
I would ask why they have told you no decree of nullity is necessary.

There must be something that they know that you have not communicated here on this board.
Something to do with the moral responsibility (or lack thereof) of my ex-wife. As it was explained to me, had we remained married, she could’ve continued to live outside the bounds of a Catholic marriage since she wasn’t converting and isn’t even baptized. My responsibility apparently only goes as far myself – , using birth control as an example, as long as I’m not using it, it’s okay on my end, I have nothing to confess. If she uses it, that’s not my problem (so they said).

While I see how that makes sense in regard to the letter of the law, it feels like it violates the spirit of it. If we had remained married, how could I have felt okay about that? But I do understand how that has nothing to do with annulment, which concerns itself only with the intent of the parties (and some circumstances like form) before entering into marriage.

In the end, if I get the annulment, great… It leaves open the possibility of re-marriage, and who knows what the future might bring in that regard? But I’m not looking for that, and in fact I can’t picture myself ever married again, not with all that goes along with it. I’d rather remain celibate, and in fact that idea gives me a certain peace, while the idea of another marriage gives me nothing but anxiety and an upset stomach…
 
Something to do with the moral responsibility (or lack thereof) of my ex-wife. As it was explained to me, had we remained married, she could’ve continued to live outside the bounds of a Catholic marriage since
Code:
she wasn't converting and isn't even baptized
. My responsibility apparently only goes as far myself – , using birth control as an example, as long as I’m not using it, it’s okay on my end, I have nothing to confess. If she uses it, that’s not my problem (so they said).
I Am Not A Canon Lawyer but at this point I will just say the words *Petrine Privilege *and suggest perhaps you do the same to your priest/tribunal/et cetera.

Or someone here will tell us why it does not apply

tee
 
Avery,

Sorry for your confusion and welcome home!

When it comes to marriage cases most Catholics, including those who work with RCIA, are usually confused as to what is required. I work with the RCIA team and the Marriage Tribunal team at my parish and have seen the confusion first hand. I have only recently started training for the Marriage Tribunal, so I am not an expert, nor am I a canon lawyer, but I do have some knowledge I will be glad to share. First, since you are not remarried you do not require a Decree of Nullity to be confirmed, it will be required for you to enter into a new relationship with another woman. I would suggest that you proceed with getting the annulment because if you meet someone and wish to get married, not having the annulment would be a potentially serious roadblock. It sometimes takes years to get the annulment processed due to the number of cases and limited number of advocates. It also sometimes take a long time to gather the paperwork. I think you may have a case for using the Petrine Privilege as Tee_eff_em suggested, however a Petrine Privilege can only be granted by the Pope (according to some quick internet research I just did) and requires documented proof that your spouse was not baptized. This is usually in the form of witness statements from your ex-wife and her parents or other family members who can state with certainty that she was never baptized.

The Marriage Tribunal in your diocese is the authority for these issues, I don’t understand why you got two different answers from the Tribunal other than simple confusion as was already mentioned, or possibly someone on the diocese staff who is not fully trained. Of course the final authority on these issues is in Rome:D.

Again, I do recommend that you start the process to get the Decree of Nullity because you never know when you might meet that special someone, and without the decree even dating would be considered an adulterous relationship because you are still married in the eyes of God.

I highly recommend that you sit down with your Tribunal advocate and discuss your options and the requirements. With patience and God’s help you will get through this.
 
I have been wondering about the annulment question also. I was divorced over a year ago, not my choice, the X was the one that filed. The X had been having an affair with a
co-worker for a long time that I never found out about. He finally decided to go live with her when she became pregnant. I later found out that her first child ( a 6 yr old) is my x-husbands also. We were married for 32 years and have a 31 year old son.
My question is can the X apply for an annulment? Do I have to agree in order for him to obtain one? I do not want an annulment. My son says it will make him feel illigitimate. My X has hurt me enough, I sincerely hope he can not be granted an annulment unless I agree to it.:mad:[SIGN][SIGN][/SIGN][/SIGN]
-]/-]
 
I have been wondering about the annulment question also. I was divorced over a year ago, not my choice, the X was the one that filed. The X had been having an affair with a
co-worker for a long time that I never found out about. He finally decided to go live with her when she became pregnant. I later found out that her first child ( a 6 yr old) is my x-husbands also. We were married for 32 years and have a 31 year old son.
My question is can the X apply for an annulment? Do I have to agree in order for him to obtain one? I do not want an annulment. My son says it will make him feel illigitimate. My X has hurt me enough, I sincerely hope he can not be granted an annulment unless I agree to it.:mad:[SIGN][SIGN][/SIGN][/SIGN]
-]/-]
Deborah,

Unfortunately your ex can request an annullment if he chooses. You will be contacted by the tribunal to provide testimony and rebuttal if you desire, but I believe the annullment can be granted, if there are grounds, even if you don’t want it, sorry. It is important for you to know, and for you to explain to your son, that a declaration of nullity does not delegitimize your children.

I am sorry that you are having to go through this, from what you said, you are the victim of a less than honorable man. Hopefully, with time and God’s love, you will be able to put this behind you.
 
While you are on the subject of annulments, I would like to ask a question. I was married about 32 years ago. We were both of the “hippie generation”. We were never baptized, or believed in God. I was a drug user and she was into the free love thing (sex with whoever and whenever). We got divorced about 30 years ago. I married a baptized Christian and became one as well (thank you Jesus). Now after much studying and praying I am thinking of joining the Catholic church. What would I have to do to join?

Thanks,
Larry
 
As has been stated here before, no one is “granted an annulment” by the Church.

At the request of one or both of a couple who were legally married, the Tribunal will review the marriage and determine if it was valid. A marriage was either valid from the moment of the exchange of vows during the wedding or it was not. With much investigation, prayer, and guidance of the Holy Spirit, the Tribunal will let the couple know if that marriage was valid.

Should it be found not to have been valid, they issue a decree of nullity.

The place to begin is to contact the Tribunal office at your Diocese and ask the procedure for your Diocese. In most cases, they will ask you to beign with your Pastor.
 
Two months later, Tribunal contacts me and says it wasn’t necessary to start process of annulment, why am I starting it, what’s the issue? I thought I had explained all that in the lengthy paperwork. Which I typed up on the recommendation of the Tribunal. After the priest suggested it. The priest who the Tribunal now says was wrong in recommending annulment.

In the end, I believe I’m good to go because even though I am divorced with no annulment (as of this moment), I have not re-married or started dating or anything. But I don’t know. Last conversation with the person from the Tribunal left me confused, especially after they wondered why i was still living with my ex-wife. Answer: divorce only recently went through, and the economy stinks and we have no money. But the marriage and every privilege that went with it is gone. We’re roommates. What’s the problem? Is there a problem? I’m not sure. I’m not even sure anymore if the sky is blue or the earth is round. That’s how much they have my head spinning right now.
Avery, welcome home! You are indeed good to go, because although you have not received a declaration of nullity, you are not involved with another woman. In the eyes of the Church, you are still married, and so I would echo another poster in suggesting you do continue your application for the declaration of nullity. The Tribunal does not have the right to not consider your application. It might require another attempt at explaining it to them though.
Peace
 
While you are on the subject of annulments, I would like to ask a question. I was married about 32 years ago. We were both of the “hippie generation”. We were never baptized, or believed in God. I was a drug user and she was into the free love thing (sex with whoever and whenever). We got divorced about 30 years ago. I married a baptized Christian and became one as well (thank you Jesus). Now after much studying and praying I am thinking of joining the Catholic church. What would I have to do to join?
Hi Larry,
You will need to have your marriage from 32 years ago examined by the marriage tribunal. They will either declare it null, or you will have to live as brother and sister with your current wife. You will be asked to provide information on things like your and your ex’s state of mind at the time, whether you (pl) intended to contract a marriage, ie, be faithful to one another, be open to children, and the like.
God bless you with all the best with entering the Church!
 
While you are on the subject of annulments, I would like to ask a question. I was married about 32 years ago. We were both of the “hippie generation”.
Code:
We were never baptized
, or believed in God. I was a drug user and she was into the free love thing (sex with whoever and whenever). We got divorced about 30 years ago. I married a baptized Christian and became one as well (thank you Jesus). Now after much studying and praying I am thinking of joining the Catholic church. What would I have to do to join?
Hi Larry,
You will need to have your marriage from 32 years ago examined by the marriage tribunal. They will either declare it null, or you will have to live as brother and sister with your current wife.
Or, perhaps, allow the dissolution of the first marriage under the Pauline Privilege.

tee
Still Not A Canon Lawyer – He Might Be Wrong
 
Or, perhaps, allow the dissolution of the first marriage under the Pauline Privilege.

tee
Still Not A Canon Lawyer – He Might Be Wrong
Also a good point. Can he approach both ways? Which might be faster? His post seems to indicate that his wife, at least never intended to be monogamous, and so a marriage would not have been contracted…

Also not a Canon Lawyer
 
While you are on the subject of annulments, I would like to ask a question. I was married about 32 years ago. We were both of the “hippie generation”. We were never baptized, or believed in God. I was a drug user and she was into the free love thing (sex with whoever and whenever). We got divorced about 30 years ago. I married a baptized Christian and became one as well (thank you Jesus). Now after much studying and praying I am thinking of joining the Catholic church. What would I have to do to join?

Thanks,
Larry
Larry,

You need to contact the marriage tribunal advocate at the parish where you will be entering the church. That person will be able to determine, from information you provide, whether your first marriage can be disslved under the Pauline Privilege or you need to petittion for a declaration of nullity. In either case this must be resolved before you can receive sacraments from the church, so you should get started as soon as possible.

As to which is faster, the Pauline Privilege is usually processed faster because it often does not require involvement at the Diocese level, however, I understand that it can be more difficult to gather evidence for.
 
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