Dispelling Myths: Diocese answers questions about annulments
Catholics and those of other faiths frequently misunderstand the annulment process. The result often gives rise to myths and half-truths that provide convenient punch lines for uninformed jokes, but do little to educate those who truly want to know the reasons behind Church policies.
To counter this misinformation, the diocesan Family Life Office and Tribunal hosted an annulment information session Oct. 27 in the St. John Neumann Pastoral Center, Piscataway. During the event, Father Richard L. Lyons, judicial vicar, gave a presentation about the annulment process and answered questions.
Why must a divorced Catholic have his/her marriage annulled before remarrying?
The Catholic Church follows the words of Jesus Christ, both in teaching and practice, and he spoke clearly about marriage. The Church’s annulment policy is a response to Jesus’ teachings.
The Church believes that marriages are binding and lifelong. The annulment process helps determine if the couple’s relationship was missing something essential from the beginning that prevented the sacramental union that they promised each other.
What grounds does the Church use to declare that a marriage failed?
The most common reasons are insufficient or inadequate judgment. This is often because of an outside influence, such as marriage at a young age or pressure from others to marry. Other reasons include psychological incompatibility, an absence of the intention to have children, faithfulness or a desire to remain together until death.
These reasons for annulment show themselves in a variety of ways. Sometimes a couple decides to marry because of a pregnancy and decides later that the decision was improperly made. Other times, a spouse brings an addiction to the marriage, such as alcohol or drugs. Being unfaithful and carrying that infidelity into the marriage can also be a cause.
In these situations, a judge from the diocesan tribunal may decide that an element contrary to the nature of marriage, or a conscious decision prevents the marriage contract from being sound and binding.
Does an annulment make children conceived during the marriage illegitimate?
Upon entering a legal marriage, a couple receives a civil license. Just as a civil divorce does not alter children’s legitimacy, neither does an annulment.
What are the benefits of annulments?
After an annulment, both the petitioner and former spouse may be married in the Catholic Church or have an existing civil marriage blessed and recognized by the Church. Through the reflection and discussion involved with the annulment process, the petitioner and/or respondent may be able to revisit the painful emotions that are often associated with divorce and heal some of the pain.
Does it cost money to get an annulment?
While there is an annulment fee that is used to pay for operation of the diocesan tribunal office, money does not affect the speed of receiving an annulment or increase the likelihood of its approval. Those who cannot afford to share part of the annulment cost can still obtain an annulment. The diocesan tribunal can make special arrangements when necessary.
Why must an intended spouse who is non-Catholic go through the annulment process?
If a previously married Catholic wants to marry in the Church, an annulment is necessary unless the partner from the previous union died or that marriage was previously annulled.
This is true even if not all the people involved are Catholic. The Church respects all marriages and presumes they are true and valid. Therefore, marriages of two Protestants, Jewish or even non-believing persons are binding in the eyes of God.
Besides those seeking an annulment, who else will be questioned during the annulment process?
The former spouse will be contacted by the diocesan tribunal office. You will not need to do it directly. While cooperation is not needed, the respondent must be told that the petitioner is seeking an annulment and that the former spouse may choose to be part of the procedure, to present their side of the marriage, if desired.
The petitioner must also provide the names and addresses of several people who were familiar with the earlier marriage, and those people must be able and willing to complete a questionnaire about the petitioner’s earlier marriage.
If a previous marriage was performed “outside the Church,” by a justice of the peace or a minister of another faith, is an annulment still necessary for a Catholic marriage?
An annulment is still necessary. Unless the marriage was performed with special permission from the Church, two steps need to be completed before an annulment can be granted.
The Church requires that a baptized Roman Catholic marry before two witnesses and one of its representatives, usually a priest or a deacon.
First, you must have a copy of your baptismal record, a copy of an official document indicating the location of the marriage and the person who performed the ceremony, and civil divorce papers from that marriage. Second, the petitioner must provide additional, basic information about the celebration of that marriage.
Once the diocesan marriage tribunal receives that information, an annulment is granted based on “lack of canonical form.” The petitioner can then pursue a marriage within the Church.
What if the petitioner was married in a Catholic church, by a priest or deacon?
In these situations, the annulment process is more involved and can take six months to a year. Because it is more complex than the “lack of form” annulment, a formal case is established and the Church researches the wedding and the relationship between the couple both during and before the marriage.
The procedure can only begin after obtaining a legal civil divorce. The petitioner must complete a detailed inquiry that explores the childhood of both members of the relationship, their courtship, the early years of the marriage and what the petitioner considers the major cause of the martial breakup.
The petitioner will also need to secure several official documents, including proof of Baptism, a marriage record and divorce papers, and names and addresses for the former spouse and witnesses who knew the couple before and during marriage.
Once the required information is completed, the diocesan tribunal reviews the case, interviews the petitioners, seeks counsel from a psychologist or therapists, and makes its decision.
That decision is then sent to a tribunal from another diocese for confirmation. If the decision of both tribunals is unanimous, a declaration of nullity is granted. Respondents are always informed of the outcome.
Sometimes, the request for an annulment is not granted. In these cases, the petitioner must understand that no one is entitled to an annulment and a marriage may still be valid in the Church even if the union was civilly ended.
*The attached/referenced article was originally published in The Catholic Spirit, the official newspaper of the Diocese of Metuchen, and is protected under U.S. and international copyright law