Ask Father:
This week’s question: “Why should I get an annulment? And how do I go about getting one?” Part Deux (that means part two)
As you may recall, this question, offered last week, was both important enough and so often confused that we’re taking two weeks to offer a response. In part one last week, we saw that Jesus has made a valid marriage bond (the bond between a husband and a wife) so permanent that only death can bring it to an end. But, since the lived experience of many people doesn’t fit this natural and theological truth, the Church has developed a means to determine whether something (usually unnoticed or at least overlooked at the time) may have been lacking in the couple’s consent at the time of the marriage. If it can be determined that some essential aspect of marriage was indeed lacking, then the Church can grant a decree of nullity with respect to that marriage so that the man and woman may be free to enter a new marriage.
So, that, in a nutshell, is what an annulment is. Now remember, divorce causes grave harm to spouses and children and others, but it does not (permanently) separate a person from the God or His Church. Once it’s confessed and forgiven, a divorced person is in full communion with the Church. However, what happens if that person then wants to enter into marriage with another person? That’s where annulment comes into play. If the Church finds that the previous marriage which ended in divorce was null, then that person is free to marry another. However, without that decree of nullity, that person is still bound to his or her former spouse, and cannot marry someone else (without – as Jesus said – committing a grave sin against God and His Church).
That’s why a person would want to get an annulment. Now, how does one go about getting one? It starts as simply as contacting the Church. You could contact your parish priest or another Church representative or minister in your parish, or you could contact the diocesan tribunal office (that’s the Church court that will be handling your annulment application). No matter how or where you begin your inquiry, you will be given an advocate whose ‘job’ it will be to help you through the rest of the process. Your advocate will help you fill out all the required forms and questionnaires and will interview you to help build up your case. You’ll be asked to find two witnesses to your courtship and marriage to corroborate the testimony that you’ll be giving, and your former spouse will be offered the opportunity to do the same (although if he or she does not want to participate, the process will go on without his or her input).
After all the data (testimony) is collected – which can take several weeks or months – the court will hear and decide (judge) your case (you need not be present, because you will have already testified by filling out the forms and doing the taped interview). And that’s it. The judge will either rule that there were substantial grounds for granting a decree of nullity, or that they were unable to find sufficient grounds. (Note that every marriage is presumed valid until proven otherwise). Either side may, of course, appeal the ruling if they desire.
Again, if an annulment is granted, you would be free to marry another – an in any case, there’s usually some healing of past wounds that occurs as you go through the process – and that’s just another great side-effect of the annulment process. Thanks for another great question; and please keep those questions coming!