Tag Archives: Divorce

Annulments (Declarations of Nullity)

What is an annulment?
“Annulment” is an unfortunate word that is sometimes used to refer to a Catholic “declaration of nullity.” Actually, nothing is made null through the process. Rather, a Church tribunal (a Catholic Church court) declares that a marriage thought to be valid according to Church law actually fell short of at least one of the essential elements required for a binding union.

For a Catholic marriage to be valid, it is required that: (1) the spouses are free to marry; (2) they are capable of giving their consent to marry; (3) they freely exchange their consent; (4) in consenting to marry, they have the intention to marry for life, to be faithful to one another, and be open to children; (5) they intend the good of each other; and (6) their consent is given in the presence of two witnesses and before a properly authorized Church minister. Exceptions to the last requirement must be approved by Church authority.

Why does the Church require a divorced Catholic to obtain a declaration of nullity before marrying in the Church?
In fidelity to Jesus’ teaching, the Church believes that marriage is a lifelong bond (see Matt 19:1-10); therefore, unless one’s spouse has died, the Church requires the divorced Catholic to obtain a declaration of nullity before marrying someone else. The tribunal process seeks to determine if something essential was missing at the moment of consent, that is, the time of the wedding. If so, the Church can declare that a valid marriage was never actually brought about on the wedding day.

What does the tribunal process involve?
Several steps are involved. The person who is asking for the declaration of nullity – the petitioner – submits written testimony about the marriage and a list of persons who are familiar with the marriage. These people must be willing to answer questions about the spouses and the marriage. If the other spouse did not co-sign the petition, the tribunal will contact that spouse – the respondent – who has a right to be involved. In some cases the respondent does not wish to become involved; the case can still move forward.

Based upon the information that was submitted, a tribunal official will determine the process that is to be followed. Regardless of the selected process, both the petitioner and the respondent will be able to read the testimony submitted, except that protected by civil law (for example, counseling records). Each party may also appoint a Church advocate to represent him or her before the tribunal. A representative for the Church, called the defender of the bond, will argue for the validity of the marriage.

If the tribunal decides in favor of the nullity of the marriage, the parties are then free to marry in the Catholic Church, unless an appeal of the decision is lodged or the decision includes a prohibition against one or both of the parties marrying until certain underlying issues have been resolved (see Code of Canon Law, 1682.1).

How long does the process take?
The length will depend upon the type of process that is followed, e.g., the ordinary judicial process, the process before the bishop, a documentary process, or a process before a Roman court. Your diocesan tribunal will be able to give you a more exact estimate based upon your case.

How can a couple married for many years present a case?
The tribunal process examines the events leading up to, and at the time of, the wedding ceremony, in an effort to determine whether what was required for a valid marriage was ever brought about. The length of common life is not proof of validity but a long marriage does provide evidence that a couple had some capacity for a life-long commitment. It does not prove or disprove the existence of a valid marriage bond.

If a marriage is declared null, does it mean that the marriage never existed?
No. It means that a marriage that was thought to be valid civilly and canonically was in fact not valid according to Church law. A declaration of nullity does not deny that a relationship existed. It simply states that the relationship was missing something that the Church requires for a valid marriage.

If a declaration of nullity is granted, are the children considered illegitimate?
No. A declaration of nullity has no effect on the legitimacy of children who were born of the union following the wedding day, since the child’s mother and father were presumed to be married at the time that the child was born. Parental obligations remain after a marriage may be declared null.

I do not plan to re-marry. Why should I present a marriage case?
Some people find that simply writing out their testimony helps them to understand what went wrong and why. They gain insights into themselves. Others say that the process allowed them to tell their whole story for the first time to someone who was willing to listen. A person cannot know today if they might want to marry in the future when crucial witnesses may be deceased or their own memories may have dimmed.

Why does the Catholic Church require an intended spouse, who is divorced but not Catholic, to obtain a declaration of nullity before marrying in the Catholic Church?
The Catholic Church respects the marriages of non-Catholics and presumes that they are valid. Thus, for example, it considers the marriages of two Protestant, Jewish, or even nonbelieving persons to be binding for life. Marriages between baptized persons, moreover, are considered to be sacramental. The Church requires a declaration of nullity in order to establish that an essential element was missing in that previous union that prevented it from being a valid marriage, and thus the intended spouse is free to marry.

This is often a difficult and emotional issue. If the intended spouse comes from a faith tradition that accepts divorce and remarriage, it may be hard to understand why he/she must go through the Catholic tribunal process. Couples in this situation may find it helpful to talk with a priest or deacon. To go through the process can be a sign of great love of the non-Catholic for the intended spouse.

My fiancé/e and I want to marry in the Catholic Church. He/she has been married before and has applied for a declaration of nullity. When can we set a date for our wedding?
You should not set a date until the tribunal’s decision has been finalized. First, the petition may not be granted. Second, even if the petition is eventually granted, there may be unexpected delays in the process, e.g., if your fiancé/e’s spouse wishes to appeal the tribunal’s decision.

How much does it cost?
Pope Francis has asked dioceses whenever possible to provide their tribunal services free of charge. Depending upon how much your diocese is able to subsidize the work of its tribunal, you may be asked to pay a nominal fee. You may also be asked to make a donation following the completion of your case. Fees are typically payable over time, and may be reduced or even waived in cases of financial difficulty. Other expenses may be incurred when consultation with medical, psychological, or other experts is needed, or if you obtain the services of a private canon lawyer to represent you.

How do I start the process?
Your parish can provide the information and forms that you need to get started.

For more information:

Divorce

How does the Church view divorce?
The Church believes that God, the author of marriage, established it as a permanent union. When two people marry, they form an unbreakable bond. Jesus himself taught that marriage is permanent (Matthew 19:3-6), and St. Paul reinforced this teaching (see 1 Cor 7:10-11 and Eph 5:31-32). The Church does not recognize a civil divorce because the State cannot dissolve what is indissoluble. See Catechism of the Catholic Church, #2382-2386.

Are divorced people excommunicated from the Catholic Church?
No. Divorced people are full members of the Church and are encouraged to participate in its activities.

May a divorced Catholic receive Holy Communion?
Yes. Divorced Catholics in good standing with the Church, who have not remarried or who have remarried following an annulment, may receive the sacraments. Catholics who have civilly divorced are encouraged to speak with their parish priest or a spiritual director about their particular situation regarding reception of Holy Communion. Please see the Catechism of the Catholic Church, nos. 2382-2386, for more information.

What support does the Church offer to divorced persons?
The Church understands the pain of those caught in this situation. When divorce is the only possible recourse, the Church offers her support to those involved and encourages them to remain close to the Lord through frequent reception of the Sacraments, especially the Holy Eucharist. (United States Catholic Catechism for Adults, p. 287). Many dioceses offer programs and support groups for divorced and separated persons. Catholic Divorce Ministry, The Beginning Experience, and Journey of Hope are helpful resources.

I am a divorced Catholic who would like to remarry in the Catholic Church. What do I need to do?
Unless your former spouse has died, you will need to obtain an annulment.

I am divorced. I am not a Catholic but I plan to marry a Catholic. We have been told that I need to obtain an annulment before we can marry in the Catholic Church. I do not understand this since I was not married in the Catholic Church.
The Catholic Church respects all marriages and presumes that they are valid. Thus, for example, it considers the marriages of two Protestant, Jewish, or even nonbelieving persons to be binding. Any question of dissolution must come before a Church court (tribunal). This teaching may be difficult to understand, especially if you come from a faith tradition that accepts divorce and remarriage. Some couples in a situation similar to yours have found it helpful to talk with a priest or deacon. To go through the annulment process can be a sign of great love for your intended spouse.

Related resources:

Divorce and Beyond, a book offering a ten-session program to guide people through the grieving process of a divorce. Appropriate for individuals or for divorce support groups, helps start the healing process through study, reflection, and discussion. Also available in Spanish.

Surviving Divorce – Hope and Healing for the Catholic Family, a 12 DVD series with guide either for personal use or as a parish program. Includes Catholic authors Rose Sweet, Dr. Ray Guarendi, Christopher West, and Fr. Mitch Pacwa. Available through Ascension Press.

For Further Reading:

Commitment

Commitment is not a very “sexy” word or concept but it probably has more to do with making marriages work than anything save common values. It’s not just about saying marriage vows or having a piece of paper that says “marriage license.” Commitment is important because we act differently when we know that our futures are tied together. You may avoid a prickly conversation if you know the other person will not be around forever. You may move on to another love if your current one has a debilitating accident or simply starts to rub you the wrong way. Commitment means you’ve promised to stay and work it through, not just today but forever.

Commitment is a choice to give up choices. Although this might at first sound limiting, it actually brings great freedom and depth. No longer does the committed person need to weigh which person or way of life will bring more happiness. Once committed, all one’s energy goes into making this commitment work. No longer are other possibilities a distraction. The two major stages of commitment are making the initial commitment and keeping the commitment.

1. Making the initial commitment

Much of the research on how commitment impacts marital happiness has centered on making the initial commitment. Usually social scientists have compared couples who cohabit before marriage with those who have not. The presumption is that cohabiting couples have not yet made a firm and final commitment to be with this partner “till death do us part” or else they would indeed be married. This tentative or partial commitment makes all the difference to their future marriage.

According to marriage researcher Dr. Scott Stanley, those who cohabit prior to engagement score worse after marriage on virtually everything measured than those who wait until marriage or wait until after engagement. This includes:

  • Psychological aggression
  • Negative interaction (conflict)
  • Confidence in their relationship
  • Marital satisfaction
  • Dedication to each other

This risk might be partly explained by the lack of clarity and mutuality of commitment at the time cohabitation begins. The nature of cohabitation presumes the possibility of the relationship not working out (and thus the commitment not being permanent). If the couple later marries, it can be more of a “sliding into marriage” than a “deciding to marry.” As a decision to marry becomes less distinct but more of a gradual slide toward marriage, it blurs the clarity of the commitment.

Stanley hypothesizes that regardless of income, race, and culture, sliding will be associated with more risk than deciding. Deciding will be universally associated with lower risk because of the mutual clarity and resulting follow-through. In addition, the research shows that women are at a greater disadvantage if they move from a cohabiting relationship to marriage. In these couples, husbands have less dedication to their wives than the wives have to their husbands. (Kline, Stanley, and Markman, in press)

2. Keeping the commitment

“Till death do us part” can sound so romantic – but it can also sound deadly. Regardless of whether one marries in a secular or religious ceremony most couples still believe that they are making a permanent commitment. Of course, we all know that the divorce rate is between 40 – 50%, but most couples who marry don’t think it will happen to them.

What happens between the solemn pronouncement of wedding vows and the decision to divorce? This is not a “one size fits all” situation. Certainly, some couples made the decision to marry too young, too impetuously, too naively. Others were not psychologically mature enough to “forsake all others” or had other character flaws that were overlooked or not evident during courtship. Still, others just got bored or tired of trying to make it work. Still others earnestly worked and gave their all to the marriage but their partner decided he or she wanted out. One can’t be married to an absent spouse.

Some spouses have no choice but to leave for their own safety or because their spouse won’t work on the marriage. But research (Waite and Gallagher, 2000) shows that many marriages could be revived if the commitment is strong. Waite and Gallagher surveyed a large national sample of unhappily married couples and found that after five years, three-fifths of the formerly unhappy couples reported that they were very happy or quite happy. Sometimes it is simply the commitment to each other that carries a couple through the harder times, along with generous doses of time, counseling, effort, luck, and faith.

The Marriage Encounter movement has a motto: Love is a decision. It reminds couples that as wonderful as the feeling of love is, it is not sufficient for a marriage. At some point (actually many points) husband and wife need to decide to love – even when they don’t feel like it. Acting on this decision by doing loving things for your spouse, speaking kindly and respectfully, and deciding over and over to pay attention to the relationship makes love rekindle.

Couples who understand the essence of making a permanent commitment realize that it’s much more than just a decision not to divorce. It’s a commitment to do the daily work of keeping the commitment alive. It may mean turning off the TV or taking a nightly walk in order to listen to each other’s concerns. These simple actions, and many more, are the stuff of commitment. They are the actions that keep a marriage vibrant, interesting, and exciting so that temptations to make another choice don’t erupt. Although marriage as a permanent commitment is not restricted to people of faith, Christians might reflect on the scripture to, “take up your cross every day and follow me.” (Luke 9:23) Every day we recommit to follow our beloved and vice-versa.

For Further Reading:

Marriage and a Special Needs Child

Carolyn called me through the Pastoral Solutions Institute to discuss her marriage to Tom.

“We were like a lot of couples. It used to be hard to find time for each other what with work and the boys, but when our Jimmy was diagnosed with profound autism, it was like a bomb went off. Tom just withdrew into work and all my time was taken up taking Jimmy from one doctor to another and trying to keep my other kids’ lives as normal as possible. All of a sudden, the little bit of time Tom and I had was totally gone. Between that and how resentful I feel toward him for leaving everything to me, the tension is terrible. I don’t know where to begin.”

Carolyn and Tom are like a lot of families with children who have special needs. According to some research, the divorce rate for couples with special-needs kids hovers around 80 percent. More hopefully, however, other studies indicate that 18 percent of these couples in this situation say their children have brought them closer together. What’s the difference between the couples who rise to the challenge and those who don’t? Here are some tips.

The challenges of raising a special-needs child can become a blessing.

  • You’re in it together. Under any circumstances, a couple needs to be a team, but this is rarely as true as when a couple is confronted by the challenges that can come with raising a special-needs child. But the challenges can become a blessing if the couple responds to each challenge together. The research is consistent that the marital problems couples may experience in this situation are not so much caused by the time and effort it takes to attend to the child’s needs, but rather from the tendency for couples to retreat into themselves and stop communicating with one another.
  • Make time to pray together and communicate about schedules, feelings, and needs. Be sure to find simple ways to take care of each other. Little actions like saying, “I love you,” calling from work to check-in, and thoughtful gestures that communicate your appreciation for each other are critical to keep up morale and marital rapport. It doesn’t have to take a lot of effort, just thoughtfulness. Making a “love list,” in which you and your mate identify simple ways to attend to each other, can give you ideas for the days you are so busy you can’t even think. (See my book: For Better… FOREVER! A Catholic Guide to Lifelong Marriage for more details).
  • Deal honestly with your frustrations. Sometimes parents struggle because their feelings of intense love for their children become intensely complicated with frustration, exhaustion, irritation, resentment over the care that is required of them, as well as guilt for feeling anything negative about their child, for whom they would happily give their lives even on their worst day. These negative feelings usually pass soon enough, but couples can help each other manage these emotions by being willing to express them to each other, tolerate them from each other, and nurture each other through those difficult reactions and help each other get back on line. It can be frightening to confess these negative feelings to each other, and it can be tempting to want to shut down your mate when they are expressing their frustrations (even when you feel similarly). But couples who find the courage to confess and listen, are the couples who rise to the challenges because of each other’s support and love.
  • Take time for each other. Every couple needs time alone, but it is critical for the parents of a special-needs child who need time to process their stress and reconnect. Getting this time can be difficult because finding competent childcare can be a challenge, especially if the child’s disability is serious. But even when date nights out are impossible, it is essential that a couple at least carve out some time at home where they can be alone to play, pray, talk, and be intimate with each other. Studies consistently show that people who deal with stress by reaching out, instead of pulling in, can learn to thrive despite–or even because of–their challenging circumstances. Cling to each other in good times and bad.
  • Get assistance and support. Make a list of the support and resources you feel you need to help your child achieve his or her potential and to help your marriage and family function at its absolute best. Even if you think it is impossible to meet some of these needs, write them down. Then, don’t be shy about telling everyone you know about these needs– regularly. As Christians, we are privileged to be part of a community that is obliged to respond to one another in generosity and love. Don’t feel that you are burdening others with your requests for babysitting, housekeeping help, respite, or support. Renounce the pride that tells you that you shouldn’t trouble other people with your problems or needs. Give others the gift of allowing them to be a gift to you.
  • Seek help quickly. When you are traveling down the road of raising a special-needs child, you can’t afford a breakdown. Seek assistance at the first sign that you are experiencing a spiritual, emotional, or relational problem that you aren’t sure how to get through on your own. Most disabilities have national organizations dedicated to researching treatments and supporting families. Contact them early, and become involved in your local chapter and any support groups, social outlets, or advocacy opportunities they offer.

Additionally, make sure that you are getting regular spiritual direction, and even if your family is doing well, strike up a relationship with a counselor you can trust so that if you need an answer to a quick parenting question or require a marital adjustment, you don’t have to spend weeks looking for competent help. Prior planning helps assure that help will be available right when you need it.

About the author
Dr. Gregory Popcak is the author of eight books integrating the Catholic faith and psychology. He is the director of the Pastoral Solutions Institute, an organization that provides counseling and other services to couples, families, and individuals.

© The Couple to Couple League International, Inc. P.O. Box 111184, Cincinnati, OH 45211-1184. Used with permission.

Editor’s note: The Catholic Church observes October as Respect Life Month. There are many ways to promote and protect life; the above article focuses on one. For more information visit the Respect Life website.