Woman Seeks Reform of US and Church Divorce Laws

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otm:
No. Period. Not even.
What?
 
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ByzCath:
I do not think I am taking a hardline on this.

I am not saying that it isn’t easier, I am just asking for proof.

It is easy to say that things annullments are easier to get today but I have yet to see anyone support it with hard facts.
We have no starting point if you cannot agree to the obvious.
 
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otm:
I would say that there is amore pastoral approach to marriages and annulments, in part from a greater understanding of psychology as it interrelates to maturity and intent. But there has laso been a tremendous loss of catechesis, coupled with a breakdown of social mores, far greater than many, if not most people realize…

The breakdown in society is a little like the bit about the frog: drop a frog into boiling water and he’ll jump right out; put him in fool water and gradually bring up the temperature, and you will kill him.

Take only one very minor example: nudity in movies. In the 50’s, there was no nudity in popular movies (excluded are the “blue movies” which were obtainable via the underground). None. Now we have brief nudity in PG17 movies. In fact, in the 50s, you didn’t even see a married couple in a situation that implied sexual intercourse. I won’t even go into what is portrayed at your local theater now, except to say that it is the rare movie that portrays it between two married persons, who happen to be married to each other.

Al of which has contributed to the breakdown of any thought that marriage is a sacred institution for life. And lacking that, you have a contractual union which does not make a sacramental union, no matter how many guests witnessed the nuptual Mass.

Blaming it on “liberal” application of the grounds of annulment is simply barking up the wrong tree.
Coincidentally (or I say not), the breakdown in the culture had correlated with the breakdown in catechesis. When was the last time you heard a pastor talk about R-rated movies or saw him stand in an abortion protest or preach against martial infedility, pornography, fornication, or same-sex marriage?
 
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Brad:
Coincidentally (or I say not), the breakdown in the culture had correlated with the breakdown in catechesis. When was the last time you heard a pastor talk about R-rated movies or saw him stand in an abortion protest or preach against martial infedility, pornography, fornication, or same-sex marriage?
Two sides of the same coin. The clergy fail to talk about sin and obligations for fear of making some one ill at ease and the other side is the laity fail to form their consciences with the truth. The answer to many is to lax the “rules” and claim it is no one’s fault or that it is the same as it always has been. Perplexing? Nope, just a failure to read the signs of the times.
 
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fix:
Two sides of the same coin. The clergy fail to talk about sin and obligations for fear of making some one ill at ease and the other side is the laity fail to form their consciences with the truth. The answer to many is to lax the “rules” and claim it is no one’s fault or that it is the same as it always has been. Perplexing? Nope, just a failure to read the signs of the times.
Well, I have to say, my priest spoke out against living together before marriage recently. I wanted to cheer!! I’d love to hear him say more.
 
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SusanL:
Well, I have to say, my priest spoke out against living together before marriage recently. I wanted to cheer!! I’d love to hear him say more.
Wow, good for him. I hope he gets plenty of prayers and encouraging words from his people there.
 
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SusanL:
Well, I have to say, my priest spoke out against living together before marriage recently. I wanted to cheer!! I’d love to hear him say more.
This IS good. Yes, there are exceptions to the rule and the more encouragement they get, the more you may hear. Make sure you tell him!
 
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stanley123:
Please see the US Catholic , April 1997 issue, p. 6, “Annullments…” You can read here that since Vatican II, the presence of psychological factors has been accepted as grounds for annulments. In other words, the Church has changed her teaching on what constitutes proper grounds for annulments. She has now admitted the use of soft psychological factors, which were not admitted in 1930. Because of the watering down of the grounds for granting an annulment, the sannulment rate has shot up to about 50,000 per year in the USA at his time, from about 10 per year in the USA in the year 1930.
Be careful as to how you appraoch this. I would not use the word “soft” as it implies that things are “easier”.

You are confusing two issues; that is, the difference between doctrine and discipline. The doctrinal issues of marriage have not changed; it is still a covenant relation (that is, something much deeper than a contractual relation); it is still for life; it still requires the consent of both parties.

The psychological issues have expanded the grounds for annulment because they go specifically to the issue of consent. Psychology is not a “hard” science as much as, for example, physical medicine; however, neither is it a completely “soft” science, lacking any scientific examination. And before you condemn all psychology, you need to realize that the Church does not take any theory rolling down the pike as truthful. They apply a bit of what is often called common sense. The Church does not move quickly in this area (as she does not, in many areas).

Much of what we know in psychology today simply was unkown in the 1930s. Comparing the two is a little bit like comparing the knowledge about computers in the 1930s to today.

The issue is not that the Church has changed the grounds for annulments half so much as it has a better understanding of what impacts the grounds. And that has to go directly to the issue of intent and knowledge.

Intent most definitely can be impacted by psychological abberations; one need not be crazy to be found unable to make the knowing choice of a permanent relationship.

You also need to keep in mind the fact that doctrinal teaching, or catechesis, pretty well got flushed in the early 70’s, giving us one, if not two generations of people who have little or no real sacramental preparation for marriage; they simply weren’t taught what the Church professes as to the sacramental union. And that most definitely goes to intent. Coupled with that is the societal attitude, expressed in the horrendous divorce rate in society, that obviously sees no permanence in marriage unless the parties decide they want that; in other words, we have taken marriage from a sacramental union created by God to a contractual realtionship created by two people. And Catholics are not immune to societal pressures and attitudes.

As I tried to indicate in a prior post, you are taking that statistic in a vacuum unless you see how it relates to the general population, and see what else came into play along the way. And behind that you are also making the assumption that all marriages were good, solid marriages prior to the changes, and that these marriages that are being annuled are really sacramental marriages but the Church is coping out. What I am trying to say is you simply don’t have enough information, based on those two numbers alone, to make that decision.
 
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Brad:
We have no starting point if you cannot agree to the obvious.
True, when you make baseless assumptions on anecdotal information then of course you have no proof to supply.
 
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otm:
What I am trying to say is you simply don’t have enough information, based on those two numbers alone, to make that decision.
When the figure of 9 annulments per year is compared with those of 61,400 per year and to say that nothing has changed in the Catholic religion, that there has been no easing up in the requirements for getting a Catholic annulment, then I would say that this is preposterous.
Once again, you might want to go over some of the cases as described in the book by Father Wrenn, and see if you agree with what was written in the Catholic publication, **Homiletic and Pastoral Review. January 2005. According to Sheryl Temaat: " Any marriage that runs into difficulties, and most do at one time or another, can be laid to rest at the tribunal cemetery --declared null because of lack of due competence."
" a careful study of his books shows that anything beyond burned toast is evidence for nullity."
 
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ByzCath:
True, when you make baseless assumptions on anecdotal information then of course you have no proof to supply.
Are you serious? You mean to tell me that you do not believe annulments have not increase dramatically from1930 to 2005? How about divorces?
 
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Brad:
Are you serious? You mean to tell me that you do not believe annulments have not increase dramatically from1930 to 2005? How about divorces?
So, did the heart of the Church change or that of the people?
 
Catholic World News - News Brief - 10/19/1998

**Pope, In Address To US Bishops,
Blasts Number Of Annulments

**VATICAN CITY - OCTOBER 19, 1998 (CWNews.com) - Pope John Paul II, meeting with a delegation of US bishops on Saturday, expressed his dissatisfaction with the number of annulments being granted to Catholics. US Catholics receives a disproportionately greater number of annulments each year.

In audience with bishops from Arizona, Colorado, New Mexico, Utah, and Wyoming, the Holy Father said that annulments should be a last resort. **“The indissolubility of marriage is a teaching that comes from Christ himself,” he said, “and the first duty of pastors and pastoral workers is therefore to help couples overcome whatever difficulties arise. **The referral of matrimonial cases to the tribunal should be a last resort.”

The Pontiff also warned that easy availability of annulments could cause the faithful to misunderstand a declaration of nullity as “divorce under a different name.” He also affirmed that the tribunal judge must be convinced of the “moral certainty” of the existence of the nullity, and not just the probability that it exists.

He also said that, when determining if a psychological problem rendered a person incapable of contracting a valid marriage, the tribunal must make use of a psychiatrist or psychologist “who shares a Christian anthropology in accordance with the Church’s understanding of the human person.”
[defendingholymatrimony.org/html/blasts_annulments.html](http://www.defendingholymatrimony.org/html/blasts_annulments.html)
 
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fix:
Catholic World News - News Brief - 10/19/1998

**Pope, In Address To US Bishops,
Blasts Number Of Annulments

**The referral of matrimonial cases to the tribunal should be a last resort. ****

YES.
 
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buffalo:
So, did the heart of the Church change or that of the people?
The heart of the people and the heart of the people in places of Church authority.
 
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JimG:
otm, you make some very good points. I agree that those who have no case for annulment are probably weeded out before even getting into the formal process, which has the effect of increasing the official rate of annulments granted by tribunals.

As for all the other factors, I can only wonder when and how people got so clueless. Although, really, it’s not a mystery, I have lived through all those changes myself. Generally, if I try to explain to someone younger than myself the popular culture of the 1950’s I only get incomprehension and a blank stare.

I recall talking to a friend of my generation whose wife had filed for an annulment following a divorce. He kept stating adamantly that there was no way that she–or he-- had misunderstood the marriage vows, and no defect in form, and this marriage was absolutely, positively valid. The tribunal granted the annulment and their decision was upheld on appeal.
There is an old phrase in law: “Hard cases make bad law”. As neither of us knows the circumstances of the marriage, nor the evidence that was put forth, it is easy to come to the conclusion from what was stated that a miscarriage of justice and morality occured.

I find that most people operate “ond a daily basis”, that is, they pretty much takes what comnes at them and try to deal with it. They are not particularly introspective, nor are they particularly educated in a lot of matters or sophisticated. They are not bad, and do not mean to sound judgemental; they just have a rather simple view of most things. And most things are more complex, often much more complex, than people really realize. The want simple answers to what appear to them to be simple questions. They have a fairly simple view of life.

I am not suggesting that the tribunals can do no wrong. But I am suggesting that when it comes to law - whether it is civil, criminal, or eccelsiastical, most people really have no clue as to the whats and whys of what happens. And when one tries to explain the complexity, they come back with disbelief, a feeling that the BS meter has pegged, and do a gut check, which comes out that “its too liberal”.

Christ dealt with sinners on a daily basis. Too often, we have a strong tendency to do what he condemned; to be a Pharisee; one who is overly emphatic on the rigid application of the law, with little understanding of the why of the law, and the concept and action of mercy.

Having said that, we have lost a sense of what sacrifice really means, what the Gospels call us to, what loyalty really means, what love really means, and the difference between happiness and joy.
 
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otm:
Christ dealt with sinners on a daily basis. Too often, we have a strong tendency to do what he condemned; to be a Pharisee; one who is overly emphatic on the rigid application of the law, with little understanding of the why of the law, and the concept and action of mercy.y.
Church courts, the Pope said, perform a great service to the cause of marriage by insisting that a valid marriage is indissoluble. **He insisted that the Church’s teaching on the permanence of marriage is not a discipline imposed on Catholics, but an “objective fact” regarding the very nature of marriage. **Those who do not recognize the permanence of marriage cannot understand the true nature of the union, he argued.
When a Church court issues an annulment-- a declaration of nullity, or finding that no true marriage ever took place-- the decision allows “peace to the consciences” of those involved, the Pope went on. He added that this decision must always be reached by courts “profoundly in favor of indissoluble marriage and family.”
defendingholymatrimony.org/html/uphold_bond.html
 
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otm:
. Without further information, it presumes that there has been an explosion of annullments without a complimentary explosion of divorces.

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Not really. The annulment rate in the USA has gone from 9 in 1930 to more than 50,000 per year recently. Lets round things off and give the benefit of the doubt:
from 10 to more than 40,000 per year. This is an increase of more than 4000 times or more than 400,000 percent over a 75 year period.
I don;t think that you would find that the rate of divorces for any group anywhere (except for Catholics) has increased by more than 400,000 percent over a 75 year period.
 
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JimG:
So are we to believe that in about 50% of all marriages, one or both of the parties is simply psychologically incapable of marriage?
I am not sure where you get the statistic of 50% of marriages.

However, lets look at this from another direction.

I think you would agree with me that marriage is not only to be viewed as permanent, but also open to life. The Church has had plenty to say about contraception, and I won’t go into that, except to say that reasonable guesstimates put Catholic birth control users in the 85% range.

If they were using birth control ab initio, went into the marriage intending to use it and a) not have any children; b) decide later whether or not to have children or c) put off having them for a period of years, is it not possible that none of them formed the proper intent to be able to establish a sacramental marriage? In other words, is it possible that the statistics are well over 50%?

Coupled with that statistic is the openly acknowledged fact that a great percentage of individuals presenting themselves to the Church for a sacrametal marriage have been openly living together prior to marriage; and again, estimtates are around 80%+ have been having intercourse over some period of time. Could that also belie an attitude towards marriage that is antithetical to what the Church teaches - thus opening every one of them to a legitimate challenge?

If you want some reasoning as to why the raw numbers of annulments shot up , basically starting in the 1960’s and subsequent, I would suggest that it has little or nothing to do with the changes in annulment grounds and admissable evidence, but has a lot to do with the changing moral attitudes coupled with a rejection of what the Church teaches about marriage, and thus, about the sacramentality of it.
 
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