Declaration of Marriage Nullity
One of the unfortunate myths about divorce is that a civilly divorced Catholic is “excommunicated” and no longer able to receive the Sacraments of the Church. This is not true. A civil divorce does not alter a Catholic’s standing in the Church. If a divorced Catholic wants to enter into marriage again, the Church does require a process to explore this possibility. The Church addresses such questions through her ministry of the Tribunal. This office of the Church considers the interests of divorced individuals while supporting the permanence of the Sacramental union.
An Ecclesiastical Declaration of Nullity (Annulment) declares that the parties are no longer bound to that specific marital relationship, stating that the marriage in question was not a binding, valid, Sacramental union. This does not imply that the marital relationship was entered with ill will or moral fault. Rather, this Declaration of Nullity is a statement by the Catholic Church that the marital relationship fell short in at least one of the elements essential for a true, valid, and binding Sacramental marriage.
Some questions that are considered are: Were the spouses truly free to marry? Did they have full knowledge of each other? Did they possess the maturity to freely and fully exchange consent? Did mental health challenges or substance abuse prevent them from fully and freely consenting to a lifelong marriage? Did they intend to marry for life and be faithful? Were they open to children? Did they truly intend the “good of each other?” Was their consent given in the presence of witnesses and before an authorized church official?
To be clear, the Annulment does not attempt to erase history or claim the marriage never happened. The Annulment process only investigates the Sacramental reality of the marriage. An annulment states that the Sacrament was never present in the marriage, not that the marriage never took place. It is a myth to say that an annulment means the marriage never happened.
Another unfortunate myth is that any children born within an annulled marriage are deemed illegitimate. The truth is that an ecclesiastical annulment only addresses the spouses, not the children. An annulment has no effect on the legitimacy of children or any civil judgments regarding children, such as custody or support. It is a myth that granting an annulment makes the children illegitimate.
Another myth is that an annulment takes years to adjudicate. The truth is that every annulment petition differs, and some take longer than others to resolve. Few take more than one year from start to finish. It is a myth that the typical marriage annulment takes years to complete.
Another myth is that an annulment is prohibitively expensive. The Diocese of Worcester has set a maximum fee of $450 for the entire process. Financial assistance is available.
Another myth is that anyone who applies for an annulment will be granted one. The truth is that Tribunals do deliver negative decisions. The burden of proof rests on the Petitioner, the person who applies for an annulment. The Catholic Church presumes that every marriage is a valid union, and there must be sufficient grounds for declaring otherwise. The Tribunal will assist the Petitioner to understand what is needed to develop a case, but, if proof is lacking, the Tribunal will render a negative decision.
Another myth is that an ex-spouse must agree to an annulment. The truth is that both spouses have equal rights in an annulment proceeding, but that does not mean that the Respondent, the ex-spouse of the person who starts the annulment process, has to agree to an annulment. The truth is that the Tribunal judges can grant an annulment even if the ex-spouse adamantly opposes an annulment. It is a myth that both spouses have to agree to an annulment.
Another myth is that the Tribunal is like a courtroom, with judges, witnesses, lawyers, and cross examinations. Though a Court of Law for the Church, a tribunal differs greatly from a civil courtroom. Most of the work is done in writing, and there are no emotional courtroom scenes or dramatic cross examinations by opposing lawyers as in movies or on television.
Another myth is that an annulment must be granted by the Church before a civil divorce can be sought. The opposite is true. A civil divorce must occur before a person petitions the Tribunal for an Ecclesiastical Declaration of Nullity. If there has been no civil action and there is the slightest hope of reconciliation, the Tribunal strongly urges the couple to reconcile their differences.
To petition for a Declaration of Nullity, either party contacts his or her parish priest or the Tribunal directly at 508-791-7171. At the Tribunal Office, the Petitioner meets a staff member who will review the overall process and offer advice on next steps. If the Petitioner chooses to proceed, he or she will complete a petition and offer the Tribunal the names of up to four witnesses to corroborate the testimony. The witnesses are people who know the couple and the challenges of the marriage; they are not marital professionals. Anyone, including relatives and friends, who knew the Petitioner and/or the former spouse may act as a witness. The Tribunal may also attempt to collect other helpful data, such as statements from clinicians, hospitals, law enforcement agencies, etc. In order to obtain this information, the Petitioner must sign release forms.