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From
time to time, the church is asked to provide information
about annulments. Let us answer this in response
to a hypothetical question.
A. An annulment is an official declaration of
the Catholic Church that one or more of the conditions
necessary for a valid, sacramental marriage was
never met.
To begin the process, you should contact your
diocesan tribunal, the ecclesiastical court of
the Church. Usually, you will be asked to fill
out a questionnaire tracing the history of your
courtship, marriage, and the breakdown of the
relationship. Your answers will be reviewed to
determine if grounds for annulment exist.
Some cases are fairly straightforward and involve
a simple process. It could be easily proven if,
for example, you had entered your marriage while
still validly married to someone else. Other cases,
such as those involving coercion, defective consent,
fraud, or psychic incapacity to assume and fulfill
the essential obligations of marriage, are more
complex and require a more formal process.
If it is judged that grounds for annulment do
exist and that the case can probably be proved,
the other party is notified and given a chance
to respond. Evidence is gathered, witnesses assembled,
the case is heard by the tribunal, and the judges
decide if the evidence for nullity is persuasive
or not. All affirmative decisions for nullity
are automatically reviewed by a higher court.
If the decision is confirmed, the annulment is
granted.
If the decision is negative, the annulment is
not granted, and you have a couple of options.
You can challenge the decision on procedural grounds
or, even if the decision is procedurally correct,
you may appeal it if you believe it to be unjust.
This process - and the description are greatly
simplified - and can take many months. The cost
of an annulment differs from diocese to diocese
and depends, to a certain degree, on the length
of time involved. Money, however, is never an
impediment to the annulment process. Even if you
cannot afford the fees, your case will be heard
if you have grounds for annulment. Approximately
60,000 annulments are granted every year in the
United States.
If you are unsure of which Archdiocese or Diocese
you live in, please let us know the City and State
you reside in and we will let you know who to
contact.
For an excellent article on Annulments
click here.
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